PEOPLE v. BAKER

No. 49

14 N.Y.3d 266 (2010)

926 N.E.2d 240

899 N.Y.S.2d 733

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVERY V. BAKER, JR., Appellant.

Court of Appeals of New York.

Decided March 25, 2010.


Attorney(s) appearing for the Case

Mitch Kessler , Cohoes, for appellant.

Weeden A. Wetmore , District Attorney, Elmira ( Damian M. Sonsire of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

GRAFFEO, J.

The primary issue in this case is whether defendant's trial lawyer was ineffective because he did not ask the court to instruct the jury that it should consider the three homicide counts in the alternative. We conclude that defendant has not demonstrated that his attorney failed to provide meaningful representation and therefore affirm the order of the Appellate Division....

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