PEOPLE v. HUNTER

6504, 6505, 6506, 6507, 5222/06, 5251/07, 6131/07

91 A.D.3d 459 (2012)

939 N.Y.S.2d 296

2012 NY Slip Op 97

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE HUNTER, Appellant.

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

Decided January 10, 2012.


Defendant claims that his trial counsel rendered ineffective assistance when she requested an intoxication charge in an unrecorded colloquy, but abandoned the issue when the court did not deliver such a charge. Regardless of whether counsel should have followed up on her request, defendant has not established prejudice under either the state or federal standards (see People v Benevento, 91 N.Y.2d 708, 713-714 [1998]; Strickland...

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