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Effective Assistance of Counsel: People v. Ocasio
By: Daily Record Staff//March 2, 2011
Appellate Division, Fourth Department
Effective Assistance of Counsel
Use of Expert
People v. Ocasio
KA 09-01583
Appealed from Monroe County Court
Background: The defendant was convicted after a bench trial of several felony sex crimes. On appeal he challenged whether his trial attorney was constitutionally effective, based upon the attorney’s alleged failure to consult experts or conduct an investigation. Defendant requested substitute counsel five months before trial in a letter to the judge.
Ruling: The judgment is affirmed. The issues raised were outside the record on appeal and must be raised via a CPL article 440 motion or other post-conviction relief. While the judge failed to inquire into his complaints, the defendant abandoned the issue by making no further requests of the court. Moreover, his requests did not suggest a serious possibility of good cause for substitution.
Brian Shiffrin for the defendant; Joseph D. Waldorf for Monroe County District Attorney’s Office
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