The Court of Appeals held that counsel's representation, when viewed as a whole, did not constitute ineffective assistance. If counsel is not willing to provide a signed affirmation, you must document your conversations with counsel and relay any helpful statements in your 440.To sustain a claim of ineffective assistance in the federal courts, the defendant must satisfy a two-pronged inquiry. When you make a motion for ineffective assistance of counsel during a trial, the court may allow you to hire a new attorney. If the court of appeals grants an appeal based on ineffective assistance of counsel, the court may vacate your conviction and grant a new trial. 48 Id. Criminal defendants are also entitled to effective assistance of counsel in the pre- trial and appellate phases of their case. The months of May and June 2005 saw a number of state and federal cases dealing with ineffective assistance of counsel in criminal cases. Brun, 15 N.Y.3d 875 (2010), and the failure of trial counsel to file a timely notice of appeal to the intermediate appellate court. Defense lawyer in a particular case will be aware of the relevant facts bearing on personal interest. This adverse credibility finding would also defeat the defendant's claim of ineffective counsel under NY and federal law.
