People v Harrison

Holding The court affirmed the conviction for assault in the first degree, rejecting the defendant’s claims of evidentiary error and ineffective assistance of counsel. The court found no prejudice from the exclusion of a prior inconsistent statement because its substance was admitted via cross-examination, and no ineffective assistance because the missing witness claim was speculative and strategic.

The court’s words

The substance of that prior statement was admitted in evidence through defense counsel's cross-examination of that witness

2026 NY Slip Op 04662, at the official text

there was no indication in the record that the cousin would have provided noncumulative testimony favorable to the People

2026 NY Slip Op 04662, at the official text

that claim constitutes a simple disagreement with strategies and tactics and thus does not rise to the level of ineffective assistance

2026 NY Slip Op 04662, at the official text

we conclude that defendant received meaningful representation

2026 NY Slip Op 04662, at the official text