PEOPLE v. TURNER


5 N.Y.3d 476 (2005)

840 N.E.2d 123

806 N.Y.S.2d 154

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HERMAN TURNER, Respondent.

Court of Appeals of the State of New York.

Decided November 17, 2005.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Sholom J. Twersky, Leonard Joblove and Victor Barall of counsel), for appellant.

Legal Aid Society Criminal Appeals Bureau, New York City (Katheryne M. Martone and Laura R. Johnson of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

R.S. SMITH, J.

Very rarely, a single lapse by otherwise competent counsel compels the conclusion that a defendant was deprived of his constitutional right to effective legal representation. This is such a rare case, in which both defendant's trial and appellate lawyers failed to perceive that a statute of limitations defense would have prevented their client's manslaughter conviction....

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