People v. Gonzalez, 47 N.Y.2d 606 (1979)
An indigent criminal defendant is denied effective assistance of counsel when their appointed appellate attorney submits a brief that merely summarizes the trial evidence, states the attorney’s opinion that there are no meritorious issues, lists points the defendant wants raised, but provides no legal argument supporting those points.
Summary
Federico Gonzalez was convicted of criminal sale of a controlled substance. His appointed appellate counsel filed a brief that summarized the trial testimony, stated the attorney believed there were no valid appellate issues, and then listed four points Gonzalez wanted raised, without providing any legal argument. Gonzalez, acting pro se, requested new counsel, arguing the appointed attorney’s representation was inadequate. The Appellate Division affirmed the conviction. The New York Court of Appeals reversed, holding that Gonzalez was denied effective assistance of counsel because the “brief” was wholly deficient and failed to advocate on his behalf.
Facts
Gonzalez was convicted of two counts of criminal sale of a controlled substance and sentenced to 25 years to life on each count. He requested and was granted assigned counsel for his appeal. The appointed attorney received the trial transcript but filed a brief only after being contacted by the Appellate Division clerk. The brief contained a lengthy summary of the trial testimony, noted some objections, and stated that the attorney felt there were no points to be raised on appeal. The brief then listed four points Gonzalez wanted presented, but contained no argument or discussion supporting any of them.
Procedural History
The Appellate Division appointed counsel for Gonzalez’s appeal. The Appellate Division affirmed Gonzalez’s conviction based on the brief submitted by appointed counsel and the District Attorney’s submission. Gonzalez, acting pro se, sought leave to appeal to the New York Court of Appeals, arguing ineffective assistance of counsel. The Court of Appeals granted leave to appeal.
Issue(s)
Whether an indigent criminal defendant is denied their constitutional right to effective assistance of counsel when the appointed appellate attorney files a “brief” that summarizes the evidence, states there are no points to be raised, lists the defendant’s desired points, but advances no legal argument.
Holding
Yes, because the “assistance given must be that of an advocate rather than as amicus curiae,” and the attorney’s actions did not constitute single-minded counsel in the research of the law and marshalling of arguments on the defendant’s behalf.
Court’s Reasoning
The Court of Appeals emphasized that indigent criminal defendants have a right to effective assistance of counsel on appeal, meaning the assistance of an advocate, not merely a nominal representative. The court noted the attorney’s dilatory conduct, failure to consult with the defendant or trial counsel, and the perfunctory nature of the brief demonstrated a failure to meet the required standard. The court stated that paid appellate counsel would thoroughly study the record, consult with the defendant and trial counsel. The court found the brief’s lengthy, indiscriminate factual narrative and the absence of legal argument failed to aid either the defendant or the court. The Court stated, “Far from demonstrating conscientious examination of the record and the law, the papers before the Appellate Division on the motion for appointment of substitute counsel clearly portrayed the contrary.” The court quoted People v. Emmett: “appellate counsel not infrequently advance contentions which might otherwise escape the attention of judges of busy appellate courts, no matter how conscientiously and carefully those judges read the records before them.” The Court of Appeals reversed the Appellate Division’s order and remanded the case for a de novo consideration of the appeal. The court suggested the Appellate Divisions develop procedures for attorneys who consider an appeal frivolous and for the court that appointed them.