People v. Demetrius McGee


AD4 order dated September 30, 2011, affirming judgment of conviction. Decision below: 87 A.D.3d 1400, 930 N.Y.S.2d 117. Jones, J. granted leave April 24, 2012.

ISSUES PRESENTED: (1) Sufficiency of the evidence of acting in concert. (2) Ineffective assistance of trial counsel based on (a) the failure to request a lesser-included offense and (b) the failure to move to sever the trial from a co-defendant. (Assigned counsel: David C. Schopp, Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, NY 14203.)

Sufficiency of evidence of acting-in-concert; IAC