PEOPLE v. JARVIS

No. 52

25 N.Y.3d 968 (2015)

31 N.E.3d 112

8 N.Y.S.3d 650

2015 NY Slip Op 02869

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KHARYE JARVIS, Respondent.

Court of Appeals of New York.

Decided April 7, 2015.


Attorney(s) appearing for the Case

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for appellant.

William G. Pixley , Pittsford, for respondent.

Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUS-SALAAM and STEIN concur; Judge PIGOTT dissents in an opinion; Judge FAHEY taking no part.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Counsel's failure to invoke the court's prior preclusion order, coupled with his presentation of an alibi defense for the wrong day of the week, could have led to defendant's conviction. In this case, where the evidence against defendant was particularly weak since credibility issues affected each of the prosecutor's major witnesses, the cumulative effect of counsel...

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