PEOPLE v. BALDI


54 N.Y.2d 137 (1981)

The People of the State of New York, Appellant, v. Joseph Baldi, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1981.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barry A. Schwartz and Charles N. Walsh of counsel), for appellant.

Lynn W. L. Fahey and William E. Hellerstein for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

An attorney who presents a well-grounded but unsuccessful defense will not later be held to have provided ineffective assistance of counsel, and thus a defendant will not be entitled to a vacatur of his conviction on such basis.

Joseph Baldi was convicted after separate trials for unrelated crimes committed nine months apart. The first judgment, entered November 24, 1974, convicted...

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