Court of Appeals – Ineffective Assistance of Counsel: People v. Henderson

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New York State Court of Appeals

Ineffective Assistance of Counsel

Expert Witness Preparation

People v. Henderson

No. 58

Judge Pigott

Background: The defendant appealed from his conviction of attempted murder and two counts of assault for repeatedly stabbing a twelve-year-old victim. The defendant was fifteen at the time. On appeal he argues that he had ineffective assistance of counsel as his trial counsel withheld photographs of the stab wounds from his psychiatric expert thereby allowing the prosecution to make the expert appear ill-informed.

Ruling: The Court of appeals reversed the Appellate Division’s finding that counsel was ineffective. The court noted that trial counsel mounted a multi-pronged defense that highlighted the defendant’s psychological condition, drug and alcohol abuse, and deeply troubled past. His preparation of the expert was beyond what is deemed constitutionally deficient. Further, the stab wounds were potentially inflammatory, unnecessary for the expert’s evaluation of the defendant’s mental state and no more useful than the extensive information already provided.

Christopher J. Blira-Koessler for the appellant; Leila Hull for the respondent