Opinion

People v. Campbell

  • 67 N.Y.S.3d 125
  • 30 N.Y.3d 941
  • 89 N.E.3d 515
Court
Court for the Trial of Impeachments and Correction of Errors
Filed
Oct 12, 2017
Status
Published
Cited by
11 cases
Authority
More cited than 70.0%

The opinion

MEMORANDUM:

***942 The order of the Appellate Division should be affirmed.

Under both federal and state constitutional standards, defendant "bears the burden of establishing his claim[s] that counsel's performance is constitutionally deficient" ( People v. Nicholson, 26 N.Y.3d 813 , 831, 28 N.Y.S.3d 663 , 48 N.E.3d 944 [2016] ). Defendant "must demonstrate the absence of strategic or other legitimate explanations for counsel's alleged failure" ( id. ). On this record, defendant has not met that burden.

Defendant presents ineffective assistance of counsel claims that are "of the type where 'it ... [is] essential[ ] that an ***943 appellate attack on the effectiveness of counsel be bottomed on an evidentiary exploration by collateral or post-conviction proceeding brought under CPL 440.10 ' " ( People v. Henderson, 28 N.Y.3d 63 , 66, 41 N.Y.S.3d 464 , 64 N.E.3d 284 [2016], quoting People v. Brown, 45 N.Y.2d 852 , 854, 410 N.Y.S.2d 287 , 382 N.E.2d 1149 [1978] ).

Order affirmed, in a memorandum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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