Court of Appeals of New York

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People v. Hogan, 18

Conviction for criminal possession of a controlled substance is affirmed where: 1) the trial court properly considered the drug factory presumption of Penal Law section 220.25(2); and 2) the decision regarding whether a defendant testifies before the grand jury is a strategic one requiring the expert judgment of counsel, and defense counsel’s refusal to facilitate defendant’s appearance before the grand jury did not amount to per se ineffective assistance of counsel.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/02/18




  • Court of Appeals of New York


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