Legal Opinion

People v. Gavalo

Appellate Division of the Supreme Court of the State of New York

Decided September 13, 2011PublishedCited by 8 opinions

1Opinion of the Court

*1015“A defendant in a criminal case has a constitutional right to the effective assistance of counsel” (People v Larkins, 10 AD3d 694 [2004]; see US Const Sixth Amend; NY Const, art I, § 6). “However, what constitutes effective assistance is not and cannot be fixed with precision, but varies according to the particular circumstances of each case” (People v Rivera, 71 NY2d 705, 708 [1988]). Under the New York Constitution, “[s]o long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided…

2Cases cited11 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. FloresNew York Court of Appeals · 1994
  5. People v. TurnerNew York Court of Appeals · 2005

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. MehmoodAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. McArthurAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. ColladoAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. HewittAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. HewittAppellate Division of the Supreme Court of the State of New York · 2012

3 more not listed; retrieve them via the Exa API.

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