The Court of Appeals held that counsel's representation, when viewed as a whole, did not constitute ineffective assistance. Under the federal standard, accused people must show that (1) the "identified" attorney error(s) fell below an.18. In a New York claim, courts have said that an Article 440 motion is usually the correct way to raise an ineffective assistance of counsel claim. New York's wrongful conviction exoneration cases involved ineffective assistance of counsel.1. The defendant "benefits if either prong is present, and the prosecution's burden is to countermand both prongs. To sustain a claim of ineffective assistance in the federal courts, the defendant must satisfy a two-pronged inquiry. To sustain a claim of ineffective assistance in the federal courts, the defendant must satisfy a two-pronged inquiry. At my Law Firm, we can file your Federal Appeal in any Circuit Court of Appeals in the 50 states that has jurisdiction over your federal criminal case. Proceeding in the U.S. District Court for the Northern District of New York. The defendant is permitted to challenge the sufficiency of the representation provided in the earlier felony conviction.
