· 12/13/2016
Kitchen v. Crotona Park West Housing Development Fund Corp.
Citations
- 2016 NY Slip Op 8323
- 145 A.D.3d 521
- 41 N.Y.S.3d 885
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating our court should preserve an ineffective-assistance claim, “[i]f the development of the ineffective-assistance claim in the appellate brief was insufficient to allow its consideration”
- noting “the court of appeals should not consider” an ineffective-assistance claim if it is insufficiently developed “in the appellate brief”
- noting our court should preserve an ineffective-assistance-of-counsel claim, “[i]f the development of the ineffective- assistance claim in the appellate brief was insufficient to allow its consideration”
- finding the record insufficient to resolve an ineffective-assistance claim raised as a fallback when the defendant “only include[ed] a cursory discussion of ineffective assistance in a footnote”
- providing when the record is not sufficiently developed to address an ineffective-assistance claim on direct appeal, the appellate court should not reach the issue and permit the defendant to raise the issue in a postconviction-relief action
- “When counsel fails to preserve error at trial, a defendant can have the matter reviewed as an ineffective-assistance-of-counsel claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tom, Friedman, Saxe, Feinman, Kahn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.