New York Law Review

Tag: People v. Turner

  • People v. Turner, 28 N.Y.3d 134 (2016): Ineffective Assistance of Counsel in Plea Bargaining – Showing Prejudice

    People v. Turner, 28 N.Y.3d 134 (2016)

    To establish ineffective assistance of counsel based on erroneous advice regarding plea bargaining, a defendant must demonstrate not only deficient performance by counsel but also that the deficient performance prejudiced the defendant, typically by showing a reasonable probability that a plea offer would have been accepted but for counsel’s error.

    Summary

    The case concerns a defendant’s claim of ineffective assistance of counsel. His attorney incorrectly advised him that he faced mandatory consecutive sentences, which allegedly deterred him from pursuing plea negotiations. The court held that while the attorney’s advice was incorrect, the defendant failed to show that he was prejudiced by the error, because the prosecution had no intention of offering a plea bargain given the severity of the crimes. The Court affirmed the lower court’s decision, finding that the defendant’s ineffective assistance claim failed because he could not demonstrate that the erroneous advice affected the outcome of the proceedings.

    Facts

    The defendant, while under the influence of cocaine, drove the wrong way on a highway and caused a collision that killed two people and seriously injured a third. He was charged with multiple felonies, including manslaughter and vehicular manslaughter. At trial, he asserted an affirmative defense of mental disease or defect. Following a bench trial, he was found guilty on all counts and sentenced to an aggregate indeterminate term of 5 to 15 years. He appealed, and subsequently, filed a motion to vacate the judgment of conviction, arguing he received ineffective assistance of counsel. He claimed his attorney provided incorrect advice about the sentencing exposure, which allegedly caused him to forgo plea negotiations. A hearing was held where the prosecution testified that no plea was ever offered or considered given the severity of the crimes.

    Procedural History

    The defendant was convicted in the trial court. The Appellate Division affirmed the conviction and sentence. Subsequently, he filed a CPL 440.10 motion to vacate the conviction based on ineffective assistance of counsel. The County Court denied the motion, and the Appellate Division affirmed. The New York Court of Appeals granted leave to appeal from both orders, consolidating the appeals.

    Issue(s)

    1. Whether the defendant received ineffective assistance of counsel because his attorney incorrectly advised him regarding potential consecutive sentences, thus allegedly impacting his decision to forgo plea negotiations.

    Holding

    1. No, because although the counsel’s advice was incorrect, the defendant failed to show prejudice, as there was no realistic possibility of a favorable plea bargain being offered by the prosecution.

    Court’s Reasoning

    The Court of Appeals reiterated that a defendant is entitled to effective assistance of counsel during plea negotiations. It acknowledged the defense counsel provided incorrect advice about the sentencing exposure. However, the court found that the defendant failed to demonstrate prejudice. The court emphasized that the prosecution never intended to offer a plea bargain given the severity of the defendant’s crimes, and a reduced sentence was unlikely. The court pointed out that even if there had been a desire to offer a plea, it would have required the consent of the District Attorney, which was not forthcoming. The court concluded that the defendant’s claim failed because the incorrect advice did not affect the outcome of the proceedings. The court cited precedent noting a defendant has no constitutional right to a plea bargain, and to succeed on an ineffective assistance claim, the defendant must show ‘meaningful representation’. The court also rejected his claim related to counsel’s reliance on a clinical pharmacist rather than a forensic psychiatrist.

    Practical Implications

    This case underscores the importance of demonstrating prejudice when claiming ineffective assistance of counsel in the context of plea negotiations. It clarifies that even if an attorney’s advice is flawed, a defendant must show a reasonable probability that a plea bargain would have been offered and accepted had the attorney provided accurate information. This requires evidence that the prosecution was willing to negotiate, that the defendant would have accepted the offer, and that the outcome would have been more favorable. This case emphasizes that attorneys must accurately advise clients on sentencing exposure, but also that, in assessing ineffective assistance of counsel claims, courts will scrutinize the actual likelihood of a favorable outcome had counsel’s advice been correct. It also has implications on how defense attorneys will approach plea negotiations, and how the court may assess the merits of future claims. The court will analyze, on a case-by-case basis, if the defendant had a ‘meaningful representation’ and the resulting prejudice.

  • People v. Turner, 24 N.Y.3d 237 (2014): When Post-Release Supervision Must Be Disclosed Before Plea

    24 N.Y.3d 237 (2014)

    A defendant must be notified of a post-release supervision (PRS) term sufficiently in advance of its imposition to allow the defendant an opportunity to object to the deficiency in the plea proceeding; otherwise, preservation of the issue for appeal is unnecessary.

    Summary

    Defendant pleaded guilty to attempted murder, and the court did not mention post-release supervision (PRS) at the plea hearing. At sentencing, the prosecutor raised the issue of PRS, and the court stated its intention to impose a five-year PRS term. The prosecutor asked the defendant if she had discussed PRS with her attorney and if she understood it was part of her plea, to which the defendant replied affirmatively. The Court of Appeals reversed, holding that the defendant did not have sufficient knowledge of the terms of the plea at the plea allocution, and when later advised, did not have sufficient opportunity to move to withdraw her plea. Thus, preservation was unnecessary.

    Facts

    Defendant assaulted her friend with a knife and fled. A police officer found her nearby, and without questioning, handcuffed her and placed her in the patrol car. Defendant offered to show the officer where she hid the knife. After recovering the knife, the officer conducted a show-up identification where the victim identified the defendant. Later, after waiving her Miranda rights, defendant confessed to the crime, stating she committed it to be killed in prison.

    Procedural History

    The County Court suppressed evidence found during the arrest because it lacked probable cause, but it did not suppress the interrogation statements, deeming them attenuated from the illegal arrest. Defendant pleaded guilty to attempted murder with a promised sentence of 15 years. The court failed to mention PRS at the plea hearing, but imposed a five-year PRS term at sentencing. The Appellate Division affirmed, finding the defendant’s claim unpreserved because she had the opportunity to object. The Court of Appeals reversed the Appellate Division.

    Issue(s)

    Whether defendant was required to preserve her claim that her plea was not knowing and voluntarily entered where she first received notice of the imposition of a term of postrelease supervision (PRS) at sentencing, and submitted to sentencing with the PRS addition.

    Holding

    Yes, in part. The court must notify the defendant of a term of PRS sufficiently in advance of its imposition so that the defendant has the opportunity to object to the deficiency in the plea proceeding. In the absence of such an opportunity, preservation is unnecessary because a defendant cannot be expected to object to a constitutional deprivation of which she is unaware.

    Court’s Reasoning

    The Court of Appeals emphasized the constitutional duty of a trial court to ensure a defendant fully understands the plea and its consequences before pleading guilty, citing People v. Catu, 4 N.Y.3d 242, 244-245 (2005). The Court distinguished this case from People v. Murray, 15 N.Y.3d 725 (2010), where the defendant knew that PRS would be part of the sentence when accepting the plea. In Turner, the defendant was only notified of the PRS term in the middle of sentencing and therefore, did not have sufficient knowledge of the plea terms at the plea allocution, nor sufficient opportunity to withdraw the plea later.

    The court stated, “Here, the court did not advise defendant at the time of her plea that her sentence would include any PRS, and only notified her of her PRS term in the middle of sentencing. The same reasoning that applied in Catu and Louree applies here: the defendant did not have sufficient knowledge of the terms of the plea at the plea allocution and, when later advised, did not have sufficient opportunity to move to withdraw her plea.”

    Regarding the confession, the Court found record support for the attenuation from the illegal arrest and declined to disturb the lower court’s ruling.

    The dissent argued the Catu argument required preservation similar to challenges to a guilty plea’s voluntariness and that, similar to People v. Murray, preservation is required where the defendant has a sufficient opportunity to object to PRS or withdraw the plea.

  • People v. Turner, 16 N.Y.3d 933 (2011): Ineffective Assistance of Appellate Counsel Requires Egregious and Prejudicial Error

    People v. Turner, 16 N.Y.3d 933 (2011)

    To establish ineffective assistance of appellate counsel, a defendant must demonstrate that counsel’s failure to raise a specific issue on appeal was both an egregious error and prejudicial to the defendant’s case.

    Summary

    Defendant, convicted of multiple offenses related to drunk driving and a fatal accident, sought coram nobis relief, claiming ineffective assistance of appellate counsel. He argued that his appellate counsel should have challenged the trial court’s admission of a videotape showing his consent to a blood test, which included prejudicial statements. The New York Court of Appeals affirmed the denial of coram nobis relief, holding that appellate counsel’s failure to raise this issue was not an egregious error and was unlikely to be prejudicial, as the admissibility of the videotape was a matter of trial court discretion and the argument for its exclusion was not clear-cut.

    Facts

    The defendant, while driving drunk, struck and killed a young mother. At trial, the prosecution presented a videotape where the defendant consented to a blood test but added a statement about not releasing the police from responsibility if the needle broke in his arm. Defense counsel objected to the portion of the tape after the consent, arguing it was irrelevant and prejudicial. The trial court admitted the full tape, stating it was probative of the defendant’s mindset before the accident.

    Procedural History

    The defendant was convicted at trial. He appealed, and his conviction was affirmed. He then sought coram nobis relief, arguing ineffective assistance of appellate counsel for failing to challenge the admission of the videotape on direct appeal. The Appellate Division denied the application. The New York Court of Appeals granted permission to appeal and affirmed the Appellate Division’s order denying coram nobis relief.

    Issue(s)

    Whether the defendant was deprived of effective assistance of appellate counsel when his appellate counsel failed to raise, on direct appeal, the issue of the trial court’s admission of the videotape.

    Holding

    No, because the issue of the admission of the videotape was a matter of discretion for the trial court, and appellate counsel’s error, if any, was not egregious and unlikely to have been prejudicial.

    Court’s Reasoning

    The Court of Appeals acknowledged that a single failing by counsel could constitute ineffective assistance if it is “egregious and prejudicial.” However, such instances are rare and typically involve clear-cut and dispositive issues. The court reasoned that the admissibility of the videotape was within the trial court’s discretion. While an argument could have been made that the tape was irrelevant under the then-accepted understanding of the mens rea for depraved indifference murder, this argument was not clear-cut. The court distinguished this case from situations where a single error by appellate counsel was deemed so egregious and prejudicial as to warrant coram nobis relief. The court noted, “It certainly cannot be said that its omission from defendant’s appellate brief was inconsistent with the conduct of ‘a reasonably competent appellate attorney’”. The Court emphasized the high bar for establishing ineffective assistance of appellate counsel and the lack of precedent supporting the defendant’s claim that his appellate counsel’s performance fell below that standard. The Court observed that the parties cited no case where a similar argument – that evidence of the defendant’s emotional state was improperly admitted to show depraved indifference – was made, successfully or unsuccessfully, on appeal.

  • People v. Turner, 5 N.Y.3d 478 (2005): Counsel Ineffectiveness for Failure to Raise Statute of Limitations Defense

    5 N.Y.3d 478 (2005)

    A criminal defendant is deprived of their constitutional right to effective legal representation when both trial and appellate lawyers fail to recognize a statute of limitations defense that would have prevented the defendant’s conviction, constituting an egregious and prejudicial error.

    Summary

    Donald Turner was convicted of manslaughter for a 1982 shooting, but wasn’t arrested until 1998. At trial, his attorney failed to raise the statute of limitations (5 years for manslaughter), even when the prosecution requested a manslaughter charge. Turner’s appellate counsel also missed this, focusing instead on a Rosario violation. After unsuccessful federal habeas corpus proceedings, Turner filed a second petition for a writ of error coram nobis, arguing ineffective assistance of appellate counsel for failing to argue ineffective assistance of trial counsel. The New York Court of Appeals affirmed the Appellate Division’s grant of the writ, finding the missed statute of limitations defense an egregious error depriving Turner of effective counsel.

    Facts

    In 1982, Donald Holloman was fatally shot in Brooklyn. Witnesses identified Turner as the shooter, but he fled and wasn’t arrested until 1998, almost 16 years later.

    Procedural History

    Turner was indicted for second-degree murder (no statute of limitations). At trial in 1999, the prosecution requested a jury instruction for first-degree manslaughter as a lesser included offense. The defense opposed the charge on other grounds but didn’t raise the statute of limitations (5 years for manslaughter). He was acquitted of murder but convicted of manslaughter. The Appellate Division affirmed the conviction. Leave to appeal to the Court of Appeals was denied. Turner’s application for a writ of error coram nobis arguing ineffective assistance of appellate counsel was denied. The U.S. District Court denied habeas relief but suggested a claim based on appellate counsel’s failure to argue trial counsel’s ineffectiveness. Turner then filed a second coram nobis petition, which the Appellate Division granted. The Court of Appeals affirmed this grant.

    Issue(s)

    1. Whether appellate counsel was ineffective for failing to argue that trial counsel was ineffective.
    2. Whether trial counsel was ineffective for failing to raise the statute of limitations defense.

    Holding

    1. Yes, because the failure to raise such a clear and dispositive defense, without a reasonable explanation, falls below an objective standard of reasonableness for effective assistance of counsel.
    2. Yes, because no reasonable defense lawyer could have found the statute of limitations argument so weak as to be not worth raising, given existing case law and the potential for a winning argument.

    Court’s Reasoning

    The Court of Appeals relied on both the Sixth Amendment of the U.S. Constitution and Article I, § 6 of the New York Constitution, which guarantee the right to effective assistance of counsel. The Court acknowledged the Strickland v. Washington standard for ineffective assistance, requiring a showing that counsel’s representation fell below an objective standard of reasonableness and that this prejudiced the defendant. While acknowledging a deferential standard for reviewing counsel’s performance, the Court found this case presented a rare instance where a single error—failure to raise a clear statute of limitations defense—was so egregious and prejudicial as to constitute ineffective assistance. The Court found that the statute of limitations defense was clearly applicable, and the existing case law at the time (specifically People v. Di Pasquale) supported the argument that even as a lesser included offense, the time-barred manslaughter charge should not have been submitted to the jury. The Court dismissed arguments that trial counsel might have strategically welcomed the manslaughter charge, noting that counsel actually opposed the charge. It also rejected the idea that appellate counsel could reasonably forego the statute of limitations argument in favor of another argument, since the omitted argument was so strong and could have been raised in addition to the other point. The court explicitly stated, “Such a failure, in the absence of a reasonable explanation for it, is hard to reconcile with a defendant’s constitutional right to the effective assistance of counsel.”