PEOPLE v. CRUZ


165 A.D.2d 205 (1991)

The People of the State of New York, Respondent, v. Dennis Cruz, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1991


Attorney(s) appearing for the Case

Pamela Peters of counsel (Philip L. Weinstein, attorney), for appellant.

Raymond Vallejo of counsel (Allen H. Saperstein with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., ROSS, ROSENBERGER and WALLACH, JJ., concur.


ASCH, J.

Is an attorney bound by his client's narration of what took place and the client's wishes with respect to his defense, or is an attorney obligated to undertake a defense inconsistent with the client's version of what occurred if such a tactic appears to have a good possibility of succeeding?

This question is presented four-square in the case before us. Simply put, the attorney in this case did...

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