Ineffective Assistance of Counsel Required Reversal
In reversing the defendant’s conviction, the Third Department determined the defendant did not receive effective assistance of counsel:
Here, defense counsel did not give an opening statement. The People produced five witnesses and, during their testimony, there were no objections despite some objectionable questions. The People’s exhibits were received without objection, including one after proof was closed. Cross-examination, when conducted, was cursory and elicited little information that would be useful or pertinent to a defense strategy. No witnesses were called on behalf of defendant. Defense counsel’s summation, which was only four sentences, started with the unhelpful comment that “the reason we are here today is because [defendant] was unable to successfully enter a plea of guilty by way of providing an adequate colloquy,” and added little else other than the conclusory request for “the [c]ourt to consider this matter simply in regard to whether there is reasonable doubt.” With no opening statement, no witnesses called and a feckless summation, counsel’s strategy of defense is not apparent. In addition, pretrial efforts to suppress or limit evidence – such as defendant’s statement to police and evidence about uncharged conduct – were not pursued. People v Bush, 105005, 3rd Dept 6-25-13