Fourth Department – Ineffective assistance of counsel: People v. Myles

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Ineffective assistance of counsel — Speedy trial — Prosecutorial misconduct

People v. Myles

KA 23-00881

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of murder, burglary, criminal possession of a weapon, and tampering with evidence. The conviction arose from an incident in which he entered the home of his former girlfriend in the middle of the night and shot her and a male victim multiple times. He argues he was denied effective assistance of counsel based on several alleged mistakes by his attorney.

Ruling: The Appellate Division affirmed. The court held that because the defendant was charged with murder in the first degree, any motion to dismiss on statutory speedy trial grounds would not have been successful. Further, regarding the defense counsel’s alleged poor performance at jury selection, the court noted that the defendant did not raise any substantive issue, and he did not exhaust his peremptory challenges; thus, any challenge to the court’s denial of defense counsel’s challenges for cause would not have led to a reversal. The Appellate Division also held that the use of a Power Point presentation to merge two admitted trial exhibits depicting the photographs of the male victim and the suspect by the prosecutor effectively created a new exhibit which was improper. However, the prosecutorial misconduct did not deprive the defendant of a fair trial.

Bradley E. Keem, of Keem Appeals, for the defendant-appellant; Bradley W. Oastler, of the district attorney’s office, for the respondent.

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