2 N.Y.3d 277 (2004)
The standard for ineffective assistance of appellate counsel in New York is whether the attorney provided “meaningful representation,” assessed by competence in facts, law, and procedure, not by a strict prejudice test.
Summary
The New York Court of Appeals affirmed the denial of defendant Stultz’s coram nobis application, holding that his appellate counsel provided meaningful representation. Stultz argued his appellate counsel was ineffective for failing to challenge trial counsel’s decision not to introduce a witness’s potentially exculpatory statement. The Court established that the “meaningful representation” standard, previously applied to trial counsel, also applies to appellate counsel. The Court found appellate counsel was effective, noting the extensive brief raised several significant issues and that the omitted argument lacked merit.
Facts
Stultz was convicted of second-degree murder and weapons possession based on evidence including eyewitness testimony and phone records. A witness, Dolberry, initially told police that another man, Anderson, was the shooter, but she refused to testify at trial, invoking her Fifth Amendment right. The prosecution declined to grant her immunity, and the trial court did not compel her testimony. Defense counsel did not attempt to introduce Dolberry’s prior statements.
Procedural History
Following his conviction, Stultz appealed to the Appellate Division, which affirmed. Leave to appeal to the Court of Appeals was denied. Stultz then sought a writ of error coram nobis from the Appellate Division, arguing ineffective assistance of appellate counsel for failure to challenge trial counsel’s decision regarding Dolberry’s statement. The Appellate Division denied the application, and Stultz was granted leave to appeal to the Court of Appeals.
Issue(s)
Whether the standard for evaluating claims of ineffective assistance of appellate counsel in New York is the same “meaningful representation” standard applied to trial counsel, and whether Stultz’s appellate counsel met that standard.
Holding
Yes, because the “meaningful representation” standard should apply equally to both trial and appellate counsel in New York. The Court affirmed the Appellate Division’s denial of coram nobis relief, finding that Stultz’s appellate counsel provided meaningful representation.
Court’s Reasoning
The Court reasoned that the “meaningful representation” standard, established in People v. Baldi, is appropriate for evaluating appellate counsel effectiveness. The Court emphasized the importance of competent grasp of facts, law, and appellate procedure. While appellate counsel has latitude in selecting issues, the representation must be supported by appropriate authority and argument. The Court rejected Stultz’s claim that appellate counsel should have challenged trial counsel’s failure to introduce Dolberry’s statement because that statement lacked sufficient indicia of reliability under People v. Robinson. The Court noted Dolberry’s potential motives for making a false statement and the implausibility of her invoking the Fifth Amendment. The Court stated: “Appellate advocacy is meaningful if it reflects a competent grasp of the facts, the law and appellate procedure, supported by appropriate authority and argument.” The Court further explained, “[e]ffective appellate representation by no means requires counsel to brief or argue every issue that may have merit.” They found appellate counsel’s decision not to raise the issue was a reasonable strategic choice. The Court explicitly distinguished the New York standard from the federal standard articulated in Strickland v. Washington, which requires demonstrating prejudice—that the outcome would have been different but for counsel’s errors. New York requires a showing of prejudice, but it is not an indispensable element; the focus remains on the overall fairness of the proceedings.