PEOPLE v. THOMAS


276 A.D.2d 570 (2000)

714 N.Y.S.2d 449

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NOEL THOMAS, Respondent.

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

Decided October 10, 2000.


Ordered that the order is reversed, on the law and on the facts, the motion is denied, and the judgment of conviction is reinstated.

The hearing court erred in vacating the judgment of conviction because the defendant failed to carry his burden of showing ineffective assistance of counsel. While the defendant demonstrated that no tactical reason existed for the failure to conduct the suggested cross-examination of the victim, the error was not the sort of single error...

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