The Court of Appeals held that counsel's representation, when viewed as a whole, did not constitute ineffective assistance. Note that claiming ineffective assistance of counsel means that you give up some of your attorney-client confidentiality privileges with that attorney.Last month it decided several cases, including three that addressed the issue of ineffective assistance of defense counsel. Note that claiming ineffective assistance of counsel means that you give up some of your attorney- client confidentiality privileges with that attorney. Was reversed and a new trial ordered. 1376. The defendant was tried in Supreme Court, Kings County in a joint trial with two codefendants. Herrington also received ineffective assistance of counsel on direct appeal. The Sixth Amendment (1789-91). Provides, in a criminal case "the accused shall enjoy the right … to have the assistance of Counsel for his defense. The court may deny a 440.10 motion, including a motion raising ineffective assistance of counsel, where the defendant previously filed a 440.10 motion and could.