People v. DeFreitas, 88 N.Y.2d 824 (1996)
A defense counsel’s failure to request a jury instruction on an affirmative defense does not automatically constitute ineffective assistance of counsel; the determination depends on the totality of the circumstances.
Summary
DeFreitas was convicted of felony murder for his role in a robbery where two employees were killed. His appeal centered on his lawyer’s failure to request a jury instruction on the affirmative defense to felony murder. The New York Court of Appeals affirmed the conviction, holding that the failure to request the instruction, in itself, did not amount to ineffective assistance of counsel. The court emphasized that the determination of ineffective assistance is based on the entire context of the case, not on a single error or omission. The court also found the defendant’s claims regarding sentencing unpreserved.
Facts
DeFreitas participated in a robbery during which another individual shot and killed two shop employees. He was subsequently convicted of two counts of felony murder. During the trial, his defense counsel did not explicitly request a jury instruction regarding the affirmative defense to felony murder, as outlined in Penal Law § 125.25[3].
Procedural History
The trial court convicted DeFreitas. He appealed to the Appellate Division, arguing ineffective assistance of counsel based on his lawyer’s failure to request the affirmative defense instruction. The Appellate Division upheld the conviction, rejecting the ineffective assistance claim. DeFreitas then appealed to the New York Court of Appeals.
Issue(s)
Whether defense counsel’s failure to request a jury instruction on the affirmative defense to felony murder, in and of itself, constitutes ineffective assistance of counsel under the totality of the circumstances.
Holding
No, because under the entire circumstances of the case, the defense counsel’s failure to request the affirmative defense instruction does not, in itself, constitute ineffective assistance of counsel.
Court’s Reasoning
The Court of Appeals relied on prior precedent, citing People v. Hobot, People v. Flores, and People v. Baldi, to support its decision that ineffective assistance of counsel claims must be evaluated based on the totality of the circumstances. The court explicitly stated, “We agree with the Appellate Division that defense counsel’s failure to request the affirmative defense instruction does not constitute ineffective assistance of counsel, in and of itself, under the entire circumstances of this case.” The court explicitly stated it was only assuming, but not deciding, whether the defendant would have been entitled to the instruction even if it had been requested. This suggests the court considered the strength of a potential affirmative defense in its analysis, even without directly ruling on its applicability. The court also found that DeFreitas’s arguments regarding the sentencing court’s actions were not properly preserved for appellate review, meaning he didn’t raise them appropriately in the lower courts. This highlights the importance of raising objections and arguments at the trial level to preserve them for appeal.