Court of Appeals - Ineffective assistance of counsel: People v. Guerra

Daily Record Staff//June 30, 2026//

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New York State Court of Appeals

Ineffective assistance of counsel — Stipulation — Mens rea

No. 62

Judge Halligan

Background: Prior to the defendant’s trial on 68 counts of promoting and possessing a sexual performance by a child, his counsel signed a stipulation which the defendant argues conceded his guilt in light of the evidence and competing theories of the case. When counsel realized her error, she expressly disclaimed any strategic explanation for the relevant paragraphs of the stipulation and openly declared herself ineffective.

Ruling: The Court of Appeals affirmed the Appellate Division holding that the defendant received ineffective assistance of counsel. The offending paragraphs could be read to eliminate the crimes’ mens rea requirements, which would undermine the defendant’s core contention that he possessed the laptop without knowing it contained child sexual assault material.

Christopher J. Blira-Koessler for the appellant; Hannah Kon for the respondent.

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