People v McNeil

Holding The court affirmed the judgment, finding that the trial court did not improperly shift the burden of proof by directing defense counsel to address the defendant’s identity on cross-examination. Additionally, the court held that the defendant failed to demonstrate ineffective assistance of counsel or that the sentence was imposed in vindictive retaliation for exercising his right to trial.

The court’s words

the purpose of referring to the defendant by his full name, including his middle name, was to establish the defendant's identity

2026 NY Slip Op 05327, at the official text

the defendant failed to demonstrate the absence of strategic or other legitimate explanations for the alleged deficiencies of counsel

2026 NY Slip Op 05327, at the official text

no indication that the sentence imposed was the result of vindictiveness or retribution against the defendant for refusing to accept a plea offer

2026 NY Slip Op 05327, at the official text