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PEOPLE v. FLEMING

58 A.D.3d 527 (2009)

872 N.Y.S.2d 21

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELROY FLEMING, Appellant.

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

January 20, 2009.

Defendant did not receive effective assistance of counsel. The existing record establishes that trial counsel's overall performance was prejudicially deficient (see People v Droz, 39 N.Y.2d 457 [1976]). Counsel demonstrated her lack of basic comprehension of criminal law and procedure through her persistent frivolous conduct at multiple stages of the proceeding, including, among other things, pretrial motion practice, a purported...

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