People v. Drake
| Citation | 29 N.Y.S.3d 204 (Mem),138 A.D.3d 1398,2016 N.Y. Slip Op. 03289 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Terry L. DRAKE, Defendant–Appellant. (Appeal No. 2.). |
| Decision Date | 29 April 2016 |
| Court | New York Supreme Court Appellate Division |
Appeal from a resentence of the Livingston County Court (Dennis S. Cohen, J.), rendered September 9, 2010. Defendant was resentenced upon his conviction of incest in the third degree (two counts).
Genesee Valley Legal Aid, Inc., Geneseo (Jeannie D. Michalski of Counsel), for Defendant–Appellant.
Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of Counsel), for Respondent.
Same memorandum as in People v. Drake (Appeal No. 1), 138 A.D.3d 1396, 31 N.Y.S.3d 328, 2016 WL 1709793 (Apr. 29, 2016).
It is hereby ORDERED that said appeal is unanimously dismissed.
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4 cases
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People v. Graham
... ... Defendant contends that defense counsel failed to cross-examine the victim about her history of lying, but "attempting to attack the victim's credibility with ... specific instance[s] of alleged untruthfulness [is] a tactic that is per se improper" ( People v. Drake, 138 A.D.3d 1396, 1397, 31 N.Y.S.3d 328 [4th Dept. 2016], lv denied 28 N.Y.3d 929, 40 N.Y.S.3d 357, 63 N.E.3d 77 [2016] ), and defense counsel was not ineffective for failing to pursue a line of questioning that would have been prohibited (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, ... ...
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People v. Lathrop
... ... Drake, 138 A.D.3d 1396, 1398, 31 N.Y.S.3d 328 [4th Dept. 2016], lv denied 28 N.Y.3d 929, 40 N.Y.S.3d 357, 63 N.E.3d 77 [2016] ; see People v. Diaz, 20 N.Y.3d 569, 575576, 965 N.Y.S.2d 738, 988 N.E.2d 473 [2013] ; People v. Williams, 20 N.Y.3d 579, 583584, 964 N.Y.S.2d 483, 987 N.E.2d 260 [2013] ) ... ...
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