# People v. Campbell

> Court for the Trial of Impeachments and Correction of Errors · October 12, 2017 · 67 N.Y.S.3d 125

URL: https://www.frixlaw.com/law-library/cases/8237627

## Case

- **Full name:** The PEOPLE & c. v. Ross CAMPBELL
- **Court:** Court for the Trial of Impeachments and Correction of Errors
- **Decided:** October 12, 2017
- **Citations:** 67 N.Y.S.3d 125; 30 N.Y.3d 941; 89 N.E.3d 515
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8237627

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8237627. Public record. Not legal advice.