People v. Gavalo
Appellate Division of the Supreme Court of the State of New York
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
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. FloresNew York Court of Appeals · 1994
- People v. TurnerNew York Court of Appeals · 2005
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. MehmoodAppellate Division of the Supreme Court of the State of New York · 2013
- People v. McArthurAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ColladoAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HewittAppellate Division of the Supreme Court of the State of New York · 2012
- 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.