PEOPLE v. GORDIAN

8276, 1407/07.

99 A.D.3d 538 (2012)

952 N.Y.S.2d 46

2012 NY Slip Op 6854

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALANA GORDIAN, Appellant.

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

October 11, 2012.


Defendant did not receive effective assistance of counsel. The existing record establishes that trial counsel's performance was prejudicially deficient based on her demonstrated lack of comprehension of a material provision of law.

Defendant was arrested while carrying a bag containing an unloaded .22 caliber revolver and eight loose rounds of .22 caliber ammunition. Criminal possession of a weapon in the second degree involves the possession of a "loaded firearm...

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