People v. Richard M. Leonard

Decided On : 3/28/2017
AD4 orders dated June 19, 2015 affirming judgment of conviction and denying 440 motion.  Decision below: 129 AD3d 1592, 12 NYS3d 446. Lippman, Ch. J., granted leave December 29, 2015.
 
ISSUES PRESENTED: (1) Whether the IAC 440.10 motion should have been denied without a hearing because the trial counsel was deceased.  (2) Whether counsel was ineffective because he failed to utilize prior inconsistent statements on cross, and failed to request a limiting instruction on Molineux evidence.  (3) Whether the trial court improperly allowed evidence of defendant’s prior uncharged sexual abuse of the victim, to establish intent and motive. 

Related Information:
People v Leonard