People v. Hauser

158 A.D.2d 1005, 551 N.Y.S.2d 869, 1990 N.Y. App. Div. LEXIS 1607

Opinion

The Special Prosecutor concedes that defendant’s trial counsel failed to provide meaningful representation and that counsel’s shortcomings deprived defendant of a fair trial. We agree that trial counsel’s representation of defendant, considered in its totality, was not meaningful (see, People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137). Accordingly, we reverse the order denying defendant’s CPL 440.10 motion, grant that motion, vacate the judgment, and remit this matter for a new trial. (Appeal from order of Supreme Court, Erie County, Kasler, J. — CPL art 440). Present — Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.