People v. Jones

Decision Date30 October 1969
Citation306 N.Y.S.2d 17,25 N.Y.2d 637
Parties, 254 N.E.2d 232 PEOPLE, etc., Appellant, v. Young B. JONES, Respondent.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Fourth Department, 30 A.D.2d 1038, 294 N.Y.S.2d 827.

Michael F. Dillon, Buffalo (Judith Blake Manzella, Buffalo, of counsel), for appellant.

Bruce K. Carpenter, Buffalo (Robert R. Molic, Buffalo, Leslie A. Bradshaw, Rochester, of counsel), for respondent.

Defendant was convicted on four counts of first degree robbery.

The Supreme Court, Erie County, Joseph P. Kuszynski, J., entered judgment, and the defendant appealed.

The Appellate Division reversed the judgment and ordered a new trial. The Appellate Division held that from examination of entire record at conclusion was inescapable that representation of defendant by counsel assigned was not 'adequate and effective' so as to assure defendant counsel in accordance with his constitutional right and Section 308 of the Code of Criminal Procedure and that representation was so patently lacking in competency and adequacy that there was in fact a complete denial of effective representation.

The People of State of New York appealed to the Court of Appeals.

Order affirmed on the opinion at the Appellate Division.

All concur except SCILEPPI, J., who dissents and votes to reverse on the dissenting opinion at the Appellate Division.

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17 cases
  • People v. Baldi
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Junio 1980
    ...principles of criminal law and procedure (People v. LaBree, 34 N.Y.2d 257, 357 N.Y.S.2d 412, 313 N.E.2d 730; cf. People v. Jones, 25 N.Y.2d 637, 306 N.Y.S.2d 17, 254 N.E.2d 232). Whether counsel has adequately performed these functions is necessarily a question of degree, in which cumulativ......
  • People v. Morris
    • United States
    • New York Supreme Court — Appellate Division
    • 26 Marzo 1984
    ...has been held reversible (see People v. Pritchett, 48 N.Y.2d 933, 934-935, 425 N.Y.S.2d 57, 401 N.E.2d 180; People v. Jones, 25 N.Y.2d 637, 306 N.Y.S.2d 17, 254 N.E.2d 232). Furthermore, defense counsel stated on summation that the physical lineup was fair, even though on cross-examination ......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Enero 1978
    ...197 N.Y.S.2d 697, 700, 165 N.E.2d 551, 553; People v. Jones, 30 A.D.2d 1038, 294 N.Y.S.2d 827, mod. 31 A.D.2d 780, affd. 25 N.Y.2d 637, 306 N.Y.S.2d 17, 254 N.E.2d 232). This standard fails to set forth any of the elements of effective representation and has been widely criticized as not af......
  • People v. Lane
    • United States
    • New York Supreme Court — Appellate Division
    • 12 Abril 1983
    ...of criminal law and procedure (People v. LaBree, 34 N.Y.2d 257 [357 N.Y.S.2d 412, 313 N.E.2d 730]; cf. People v. Jones, 25 N.Y.2d 637 [306 N.Y.S.2d 17, 254 N.E.2d 232] )" 39 N.Y.2d at 462, 384 N.Y.S.2d 404, 348 N.E.2d 880. The principle, however, does not require that counsel be held accoun......
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1 books & journal articles
  • B. The Hearing
    • United States
    • Invalid date
    ...A.D.3d 1003, 115 N.Y.S.3d 333 (2d Dep't 2019).[320] Id. [321] People v. Rahming, 26 N.Y.2d 411, 311 N.Y.S.2d 292 (1970); People v. Jones, 25 N.Y.2d 637, 306 N.Y.S.2d 17 (1969). [322] People v. Rivera, 22 N.Y.2d 453, 293 N.Y.S.2d 271 (1968), cert. denied, 395 U.S. 964 (1969); People v. Ballo......

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