What is the role of defense counsel in appellate litigation?
The following excerpt is from People v. Arjune, 30 N.Y.3d 347, 67 N.Y.S.3d 526, 89 N.E.3d 1207 (N.Y. 2017):
"There is no substitute for the single-minded advocacy of appellate counsel" ( People v. Emmett, 25 N.Y.2d 354, 356, 306 N.Y.S.2d 433, 254 N.E.2d 744 [1969] [holding unacceptable an appellate tribunal reviewing a case without waiting for defense counsel to "make his own appraisal of that record or to submit a brief"] ). Courts and defense counsel have different roles and relationships with defendants.
[30 N.Y.3d 371]
While courts purport neutrality, defense counsel's purpose is to advocate, a task that encompasses a wide array of responsibilities
[89 N.E.3d 1224]
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