PEOPLE v. TOWNSLEY

No. 209.

20 N.Y.3d 294 (2012)

959 N.Y.S.2d 94

2012 NY Slip Op 8056

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAYDEN TOWNSLEY, Appellant.

Court of Appeals of New York.

Decided November 27, 2012.


Attorney(s) appearing for the Case

Law Offices of Joel B. Rudin, New York City ( Joel B. Rudin of counsel), for appellant.

James R. Farrell, District Attorney, Monticello ( Bonnie M. Mitzner and Eamonn Neary of counsel), for respondent.

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


OPINION OF THE COURT

SMITH, J.

In this proceeding for a writ of error coram nobis, defendant claims that he was deprived of the effective assistance of appellate counsel in an earlier appeal. Specifically, he claims appellate counsel was at fault for failing to argue, on appeal, that the conduct of the prosecutor at trial subjected defendant's trial lawyers to ethical conflicts and thereby deprived defendant of the effective assistance of trial counsel....

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