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Comments Off on Counsel’s Stipulation Renders Assistance Ineffective
By Lazar Emanuel [Originally published in NYPRR February 2003] In People v. Berroa [N.Y. No. 151, 11/21/02], the New York Court of Appeals confronted a case of ineffective assistance of counsel under circumstances substantially different from those...
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Comments Off on Counsel’s Prevention of Defendant’s Testimony Is Ineffective Assistance
By Lazar Emanuel [Originally published in NYPRR February 2003] The Sixth Amendment guarantees that “In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” The courts have construed this...