People v. Morales

1 Citing brief

  1. The People, Respondent,v.Jarvis Lassalle, Appellant.

    Brief

    Filed January 10, 2013

    Defendant waited two years to criticize appellate counsel’s performance, and only after he became privy to the outcome of his co-defendant’s appeal. As this Court has held, in order to challenge an attorney’s strategic decision, a defendant must submit an affidavit from the attorney demonstrating the lack of a legitimate basis for the challenged decision (see, e.g., People vMorales, 58 NY2d 1008, 1009 [19831). While defendant’s coram nobis application claims that he “invited” appellate counsel’s response to his allegations, defendant’s “invitation” did not constitute a request for an affidavit.