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· 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 CourtListener

Sourced 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.