N.Y. State Court of Appeals Rules Representation of Defendant Deemed Effective

Summary

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A defense attorney's disclosure to the court, which was an inference that his client intended to perjure himself on the stand, did not deprive the defendant of his right to a fair hearing or of his right to effective assistance of counsel.

This was the finding of the New York State Court of Appeals in People v. Derek Andrades. The defense counsel's request to be relieved of representing the defendant due to an ethical dilemma was denied. Ultimately, the defendant appealed his conviction, asserting he was denied his right to a fair hearing and effective assistance of counsel.

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Extract

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N.Y. State Court of Appeals Rules Representation of Defendant Deemed Effective

The state's highest court affirmed the defendant's conviction, concluding defense counsel properly balanced his duties to his client with his duties to the court.

The Facts

The defendant, Derek Andrades, became upset when he heard a rumor that a woman he had a sexual relationship with was infected with HIV. The defendant and 14-year-old ...

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