People v. Jones
Decision Date | 30 October 1969 |
Citation | 306 N.Y.S.2d 17,25 N.Y.2d 637 |
Parties | , 254 N.E.2d 232 PEOPLE, etc., Appellant, v. Young B. JONES, Respondent. |
Court | New 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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