Legal Opinion

People v. Trait

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

Decided April 8, 1988PublishedCited by 36 opinions

1Opinion of the Court

— Judgment unanimously reversed on the law and new trial granted. Memorandum: The right to the effective assistance of counsel is guaranteed by both the Federal and State Constitutions (US Const 6th Amend; NY Const, art I, § 6). The constitutional requirement is met so 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 meaningful representation (People v Baldi, 54 NY2d 137, 147). In reviewing claims of ineffective counsel, our concern is to avoid confusing true…

2Cases cited3 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. DrozNew York Court of Appeals · 1976
  3. People v. DietzAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by36 opinions

  1. Bowers v. StateCourt of Appeals of Maryland · 1990
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BarberAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. WorkmanAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989

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