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· 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 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.