PEOPLE v. EVANS

No. 51

16 N.Y.3d 571 (2011)

949 N.E.2d 457

925 N.Y.S.2d 366

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAREEF EVANS, Appellant.

Court of Appeals of New York.

Decided March 31, 2011.


Attorney(s) appearing for the Case

Legal Aid Society, New York City ( William B. Carney , and Steven Banks , of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Jennifer Hagan , and John M. Castellano , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge JONES dissents and votes to reverse in a separate opinion.


OPINION OF THE COURT

PIGOTT, J.

The primary issue presented on this appeal is whether defendant's trial counsel was ineffective for failing to raise a statute of limitations defense. Based on the record before us, we conclude that he was not.

On October 3, 1993, defendant, 15 years old at the time, shot and killed a cab driver in Queens. Nearly eight years later, he was indicted on three counts of...

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