Decided On : 6/30/2016
AD1 order dated February 6, 2014, modifying judgment of conviction. Decision below: 114 AD3d 450, 979 NYS2d 579. Lippman, Ch.J., granted leave (upon reconsideration) April 8, 2015.
ISSUE PRESENTED: Whether defense counsel was ineffective for failing to preserve a Miranda issue even though counsel for the co-defendant (Sparkle Daniel) preserved the same issue at the joint hearing. (Assigned counsel: Robin Nichinsky and Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)