Court of Appeals of New York

Defendant seeks relief from portions of the underlying judgment convicting him of attempted murder, assault, and reckless endangerment on the basis that the failure of defendant’s counsel to ask for a charge permitting the jury to infer that the content of a missing surveillance tape would not have been favorable to the prosecution thereby rendered counsel’s representation constitutionally ineffective. Denial of relief is affirmed, where on this record it cannot be said that there was a reasonable possibility or reasonable probability that the jury, if given the opportunity, would have elected to draw an inference adverse to the prosecution as to what the missing tape would have shown.

Appellate Information

• Decided 10/21/2014
• Published 10/21/2014

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel