Opinion
02-16-2017
The PEOPLE of the State of New York, Respondent, v. Fernando MALDONADO, Appellant.
White & Case LLP, New York City (Louis O'Neill, Isaac Glassman, Eric Majchrzak and Romain Zamour of counsel), and Seymour W. James, Jr., The Legal Aid Society, New York City (David Crow and Andrew Fine of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn (Solomon Neubort, Leonard Joblove and Victor P. Barall of counsel), for respondent.
White & Case LLP, New York City (Louis O'Neill, Isaac Glassman, Eric Majchrzak and Romain Zamour of counsel), and Seymour W. James, Jr., The Legal Aid Society, New York City (David Crow and Andrew Fine of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn (Solomon Neubort, Leonard Joblove and Victor P. Barall of counsel), for respondent.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Following a jury trial, defendant was convicted of grand larceny in the first degree (Penal Law § 155.42 ); attempted
grand larceny in the first degree (Penal Law §§ 110.00, 155.42 ); and criminal possession of a forged instrument in the second degree (Penal Law § 170.25 ).
Defendant appealed, arguing, among other things, that the evidence was legally insufficient to support his conviction on each count and that he was denied effective assistance of counsel. The Appellate Division unanimously affirmed defendant's convictions (People v. Maldonado, 119 A.D.3d 610, 988 N.Y.S.2d 693 [2d Dept.2014] ).
We agree with the Appellate Division that, to the extent preserved, defendant's legal sufficiency challenges to this trial record lack merit. However, we hold that counsel's overall performance fell below the "meaningful representation" standard and defendant is entitled to a new trial (see People v. Berroa, 99 N.Y.2d 134, 753 N.Y.S.2d 12, 782 N.E.2d 1148 [2002] ; see also People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ).
Chief Judge DiFIORE and Judges ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur; Judge RIVERA concurs in the result; Judge WILSON taking no part.
Order reversed and a new trial ordered, in a memorandum.