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People v. Anthony Ortiz

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eBook details

  • Title: People v. Anthony Ortiz
  • Author : Supreme Court of New York
  • Release Date : January 24, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

DECISION & ORDER We reject the defendant's contention that he was deprived of the effective assistance of counsel. It
is well settled that "what constitutes effective assistance is not and cannot be fixed with yardstick precision, but varies
according to the unique circumstances of each representation" (People v Baldi, 54 N.Y.2d 137, 146). In resolving claims of
ineffective assistance of counsel the critical issue is whether, viewed in totality, the defense counsel provided meaningful
representation (People v Benn, 68 N.Y.2d 941; People v Badia, 159 A.D.2d 577, 578; People v Tippins, A.D.2d [2d Dept.,
May 6, 1991]). The record demonstrates that defense counsel vigorously and effectively cross-examined the People's witnesses, delivered
opening and closing arguments which were consistent with his misidentification defense, raised appropriate objections, and
presented a plausible defense. Thus, the defendant was provided with meaningful representation (People v Benn, supra; People
v Tippins, supra; People v Badia, supra).


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