Court of Appeals of New York

Conviction for attempted robbery and menacing and possession of a weapon are affirmed, where defendant's trial counsel was not ineffective for failing to object under CPL 710.30 regarding proper notice, to testimony about a victim's out-of-court identification, because even if defense counsel did make a mistake in failing to object to the evidence, the mistake was not so "egregious and prejudicial" as to deprive defendant of a fair trial.

Appellate Information

• Decided 02/19/2013
• Published 02/19/2013

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel