People v. Fleming

Judgment, Supreme Court, Bronx County (Ira R. Globerman, J.), rendered April 8, 2003, as amended April 20, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, sentencing him to a term of eight years, unanimously reversed, on the law, and the matter remanded for a new trial.

Defendant did not receive effective assistance of counsel. The existing record establishes that trial counsel’s overall performance was prejudicially deficient (see People v Droz, 39 NY2d 457 [1976]). Counsel demonstrated her lack of basic comprehension of…