· 11/2/2016
Wilks v. City of New York
Citations
- 2016 NY Slip Op 7185
- 144 A.D.3d 673
- 40 N.Y.S.3d 504
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a trial court’s findings of fact are reviewed for clear error
- stating because the “defendant bears the burden of demonstrating both deficient performance and prejudice, the defendant necessarily bears the burden of establishing the factual predicate for his claim”
- “[T]his Court will not substitute its judgment for that of counsel regarding matters of trial strategy.”
- “[B]ecause the defendant bears the burden of demonstrating both deficient performance and prejudice, the defendant necessarily bears the burden of establishing the factual predicate for his claim.”
- because the “defendant bears the burden of demonstrating both deficient performance and prejudice, the defendant necessarily bears the burden of establishing the factual predicate for his claim.”
- because the “defendant bears the burden of demonstrating both deficient performance and prejudice, the defendant necessarily bears the burden of establishing the factual predicate for his claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leventhal, Maltese, Lasalle, Nelson
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.