People v. Ramirez

22 A.D.3d 334, 803 N.Y.S.2d 42
Appellate Division of the Supreme Court of the State of New York·Decided October 18, 2005·Published·Cited by 1 cases

Opinion

[335]*335Judgment, Supreme Court, Bronx County (Roger S. Hayes, J.), rendered June 27, 2001, convicting defendant, after a jury trial, of robbery in the first degree and burglary in the first degree, and sentencing him to concurrent terms of 15 years, unanimously affirmed. Order, same court (Caesar D. Cirigliano, J.), entered on or about May 20, 2004, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, unanimously affirmed.

On this appeal, defendant asserts that he did not receive effective assistance of counsel as required by both the state and federal constitutions. This claim rests on counsel’s failure to read defendant’s arrest record before examining his wife. Counsel had the document before trial but because he did not examine it, he opened the door to testimony regarding defendant’s prior arrest for domestic violence. Defendant contends that counsel’s oversight constituted ineffective assistance.

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People v. Ramirez, 22 A.D.3d 334, 803 N.Y.S.2d 42 (N.Y. Ct. App. 2005).

22 A.D.3d 334 (People v. Ramirez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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37 A.D.3d 363 (Appellate Division of the Supreme Court of New York, 2007)