Case law · Highest court · New York

People v. Benevento

Decided
June 11, 1998
Status
Published
Jurisdiction
New York

Cited 4,938 timesNo negative treatment found in this library

What later courts said

  • holding that the core inquiry in analyzing an ineffective assistance claim in New York is "whether the defendant received meaningful representation" — Graves v. Capra (2023)
  • New York's claim of ineffectiveness is "ultimately concerned with the fairness of the process as a whole rather than its particular impact on the outcome of the case" — People v. Arjune (2017)
  • New York's claim of ineffectiveness is "ultimately concerned with the fairness of the process as a whole rather than its particular impact on the outcome of the case." — The People v. Mario Arjune (2017)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

OPINION OF THE COURT Smith, J.

Defendant successfully claimed at the Appellate Division that he was deprived of his constitutional right to the effective [*710] assistance of counsel. We conclude that, upon this record, defendant received meaningful representation. Accordingly, the order of the Appellate Division should be reversed.

Shortly after 2:00 a.m. on June 17, 1993, the complainant was walking down Bleecker Street in Manhattan when she noticed a man following closely behind her. After a brief verbal exchange with defendant, she crossed the street and turned away. At this point, defendant ran up behind her and knocked her to the ground. Defendant began slapping and punching the woman in the face while screaming obscenities at her. The woman also felt defendant’s hands fondling her breasts and pelvic area. When some bystanders approached to assist the woman, defendant stole $15 from her pocket and ran off. Chased by the group, defendant discarded the stolen money but ultimately surrendered to one of his pursuers.

Cite this

People v. Benevento, 697 N.E.2d 584 (1998)

Read the full opinion

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