Fourth Department - Ineffective assistance of counsel: People v. Wright

Daily Record Staff//April 15, 2025//

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

Ineffective assistance of counsel — Lesser included offense

KA 22-01647

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of robbery and bribing a witness. He argues he was deprived of effective assistance of counsel as his attorney failed to request the court to instruct the jury on a lesser included offense of robbery in the first degree.

Ruling: The Appellate Division affirmed. The court noted that robbery in the third degree would have been an appropriate lesser included offense in light of the facts, but the defendant failed to demonstrate that the failure to request the charge was other than an acceptable all-or-nothing defense strategy as the chances of the defendant being acquitted were increased without the lesser included offense.

Tonya Plank, of the public defender’s office, for the defendant-appellant; Martin P. McCarthy II, of the district attorney’s office, for the respondent.

Oral argument video