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Posts Tagged ‘Ineffective Assistence’

  • Counsel’s Stipulation Renders Assistance Ineffective

    NYPRR ArchiveComments Off on Counsel’s Stipulation Renders Assistance Ineffective

    By Lazar Emanuel [Originally published in NYPRR February 2003]   In People v. Berroa [N.Y. No. 151, 11/21/02], the New York Court of Appeals confronted a case of ineffective assistance of counsel under circumstances substantially different from those...

  • Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance

    NYPRR ArchiveComments Off on Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance

    By Lazar Emanuel [Originally published in NYPRR February 2003]   The Sixth Amendment guarantees that “In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” The courts have construed this...