PEOPLE v. BACHERT


69 N.Y.2d 593 (1987)

The People of the State of New York, Appellant, v. Rickey L. Bachert, Respondent.

Court of Appeals of the State of New York.

Decided June 4, 1987.


Attorney(s) appearing for the Case

James T. Hayden, District Attorney, for appellant.

William E. Hellerstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

The parties concede the necessity to find a procedure and a forum in which to address claims of ineffective assistance of counsel allegedly occurring in the intermediate appellate court. We hold that, inasmuch as the Criminal Procedure Law failed to anticipate and to provide for this particular situation, the remedy lies in the intermediate appellate court itself by the invocation and determination...

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