Does a defendant have a burden to sustain his burden to establish that ineffective assistance of counsel compromised his right to a fair trial?

"New York", United States of America

The following excerpt is from People v. Pavone, 26 N.Y.3d 629, 26 N.Y.S.3d 728, 47 N.E.3d 56 (N.Y. 2015):

Defendant failed to sustain his burden to establish that his attorney "failed to provide meaningful representation" that compromised his "right to a fair trial" (People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005] ). Since "our state standard ... offers greater protection than the federal test, we necessarily reject defend-ant's federal constitutional challenge by determining that he was not denied meaningful representation under the State Constitution" (id. at 156, 800 N.Y.S.2d 70, 833 N.E.2d 213 ). We therefore reject his ineffective assistance of counsel claim.

[26 N.Y.3d 648]

Other Questions


Is there any case law where a defendant alleges that both counsel at trial and appellate counsel rendered ineffective assistance? (MultiRegion, United States of America)
Is ineffective assistance sufficient to establish that ineffective assistance induced a guilty plea? ("New York", United States of America)
Does a defendant have the right to defend herself in a civil proceeding without the assistance of counsel? (MultiRegion, United States of America)
If a defendant fails to raise their arguments in a jury trial for ineffective assistance of counsel, would that claim be successful in an evidentiary hearing? (MultiRegion, United States of America)
Does a defendant who dismisses his counsel on the eve of trial have been deprived of his right to retain counsel of his choice? (MultiRegion, United States of America)
Does a defendant have a right to discharge or substitute counsel at trial if they are not represented by appointed counsel? (MultiRegion, United States of America)
Is ineffective assistance of counsel ineffective at trial? (MultiRegion, United States of America)
Is ineffective assistance of counsel cognizable as a denial of the Sixth Amendment right to counsel? (MultiRegion, United States of America)
Does a motion for a new trial have to consider the ineffective assistance of trial counsel? (MultiRegion, United States of America)
Is ineffective assistance an ineffective assistance claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.