Court of Appeals of New York

In a murder prosecution, the appellate division's order declining to consider defendant's ineffective assistance of counsel claim is affirmed where the lack of an adequate record barred review on direct appeal not only where vital evidence was plainly absent, as in Kinchen, but wherever the record fell short of establishing conclusively the merit of the defendant's claim.

Appellate Information

• Decided 06/10/2010
• Published 06/10/2010

Judges

• SMITH, J.:

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Danielle Neroni Reilly, for appellant.


• For Appellees:
  
• Gerald A. Dwyer, for respondent.