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PEOPLE v. McKENZIE

196 A.D.2d 763 (1993)

602 N.Y.S.2d 17

The People of the State of New York, Respondent, v. Horace McKenzie, Appellant

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

September 28, 1993

Defendant was not deprived of effective assistance of counsel. Foregoing a weak alibi defense is not error (People v Ford, 46 N.Y.2d 1021), and defendant's presentation of sworn affidavits in support of his mistaken identification claim does not support the after-the-fact charge that counsel did not prepare for trial. Trial counsel in fact raised a mistaken identification claim on behalf of defendant. He argued that the supervising...

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