| People v Jeannot |
| 2009 NY Slip Op 01501 [59 AD3d 737] |
| February 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Herve Jeannot, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Laurie K.Gibbons of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Berkowitz,J.), rendered November 1, 2006, convicting him of murder in the first degree and criminalpossession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, and the matter is remitted to the CountyCourt, Nassau County, for a new trial.
The defendant was convicted of murder in the first degree and criminal possession of aweapon in the second degree. While cross-examining one of the investigating officers during thetrial, defense counsel offered into evidence a statement implicating the defendant made to thepolice by another alleged participant in the crime. The defendant contends that, as a result, hewas denied the effective assistance of trial counsel (see US Const, 6th Amend; NYConst, art I, § 6).
"To prevail on a claim of ineffective assistance of counsel, it is incumbent on defendant todemonstrate the absence of strategic or other legitimate explanations for counsel's failure"(People v Rivera, 71 NY2d 705, 709 [1988]). Recognizing that in evaluating thedefendant's claim we must "avoid both confusing true ineffectiveness with mere losing tacticsand according undue significance to retrospective analysis" (People v Baldi, 54 NY2d137, 146 [1981]), we nevertheless conclude that the defendant has satisfied that standard here bydemonstrating that there was no strategic or other legitimate explanation for defense counsel'sintroduction into evidence of a statement that implicated the defendant, which would nototherwise have been admissible (see Cruz v New York, 481 US 186 [1987]; [*2]Bruton v United States, 391 US 123 [1968]; People vEastman, 85 NY2d 265 [1995]).
The defendant's remaining contention is without merit. Spolzino, J.P., Santucci, Angiolilloand Eng, JJ., concur.