People v. Prince Clark

Decided On : 12/20/2016
AD2 order dated April 29, 2015, affirming judgment of conviction, with two dissenters.  Decision below: 129 AD3d 1, 9 NYS3d 277.  Miller, J. (AD dissenter), granted leave June 29, 2015.  
ISSUES PRESENTED:   (1) Whether trial counsel was ineffective in not requesting a charge on justification when counsel refrained from exercising his own professional judgment as to trial strategy in the belief that he was bound by the defendant’s wishes.  (2) Where the evidence supported self-defense, whether the court erred in not sua sponte charging the deliberating jury on justification when they referenced that defense in a note.  (Assigned counsel: DeNice Powell & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC  10038.)

Related Information:
People v Clark