People v. Woodard

• Decision Date: 31 January 2020
• Docket Number: KA 16–00185,1147
• Citation: 119 N.Y.S.3d 334,179 A.D.3d 1504
• Parties: The PEOPLE of the State of New York, Respondent, v. Justin WOODARD, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

179 A.D.3d 1504
119 N.Y.S.3d 334

The PEOPLE of the State of New York, Respondent,
v.
Justin WOODARD, Defendant–Appellant.

1147
KA 16–00185

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: January 31, 2020

EDELSTEIN & GROSSMAN, NEW YORK CITY (JONATHAN I. EDELSTEIN OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, AND NEMOYER, JJ.

119 N.Y.S.3d 335

MEMORANDUM AND ORDER

179 A.D.3d 1504

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Memorandum: Defendant appeals by permission of this Court from an order denying without a hearing his motion pursuant to CPL article 440 seeking to vacate on, inter alia, the ground of ineffective assistance of counsel the judgment convicting him upon a jury verdict of murder in the second degree ( Penal Law § 125.25[3] ) and attempted robbery in the first degree (§§ 110.00, 160.15[2] ). We previously affirmed that judgment of conviction ( People v. Woodard , 96 A.D.3d 1619, 1619, 946 N.Y.S.2d 778 (4th Dept. 2012), lv denied 19 N.Y.3d 1030, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012] ).

Defendant contends that he was denied effective assistance of counsel because defense counsel failed to investigate the circumstances under which defendant provided a written statement to police. Preliminarily, we agree with defendant that his ineffective assistance of counsel claim is not procedurally barred by CPL 440.10(2)(c).

With respect to the merits, "[a] defendant's right to effective assistance of counsel includes defense counsel's reasonable investigation" ( People v. Rossborough , 122 A.D.3d 1244, 1245, 996 N.Y.S.2d 407 (4th Dept. 2014) ; see People v. Howard , 175 A.D.3d 1023, 1025, 107 N.Y.S.3d 583 (4th Dept. 2019) ; People v. Jenkins , 84 A.D.3d 1403, 1408, 923 N.Y.S.2d 706 (2d Dept. 2011), lv denied 19 N.Y.3d 1026, 953 N.Y.S.2d 560, 978 N.E.2d 112 [2012] ). Although "the failure to investigate may amount to ineffective assistance of counsel" ( Rossborough , 122 A.D.3d at 1245, 996 N.Y.S.2d 407 ; see People v. Kurkowski , 117 A.D.3d 1442, 1443, 984 N.Y.S.2d 761 (4th Dept. 2014) ), the governing standard is " ‘reasonable...