Fourth Department – Ineffective assistance of counsel: People v. Jaquan C.

Listen to this article

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

Ineffective assistance of counsel — Domestic violence alternative sentence — Presentence report

People v. Jaquan C.

KA 23-02018

Appealed from Supreme Court, Erie County

Background: The defendant appealed from his conviction of manslaughter. His conviction stems from an argument between the defendant and his boyfriend, during which the defendant stabbed the victim. He argues he was denied effective assistance of counsel because his attorney did not request a hearing to determine whether the defendant should receive an alternative sentence as a victim of domestic violence.

Ruling: The Appellate Division affirmed. The court noted that the record contains indications in a presentence report that, if substantiated, supports the conclusion that the defendant was subjected to domestic violence inflicted by the victim. However, the Appellate Division held that the record was not sufficiently developed and the contention involves matters outside the record. Thus, it must be raised by means of a CPL 440 motion.

Todd G. Monahan for the defendant-appellant; Bridget L. Field, of the district attorney’s office, for the respondent.

Submited