United States Second Circuit

Trial attorney that did not prepare a defense, on the theory that the charges against defendant would be dismissed at the close of the prosecution's case, provided ineffective assistance of counsel.

Appellate Information

• Argued 04/04/2001
• Decided 07/26/2001
• Published 07/26/2001

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  KEARSE and CABRANES, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James V. O'Gara (Kevin C. Walker, of counsel), Kelley Drye & Warren, LLP, New York, NY, for appellant.


• For Appellees:
  
• Marlene O. Tuczinski, Assistant Solicitor General (Nancy A. Spiegel, Assistant Solicitor General, Peter H. Schiff, Senior Counsel, of counsel;  Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Solicitor General of the State of New York, for appellees.