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Defendant Contends Ineffective Assistance of Counsel


This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D..

Defendant’s Case

A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se motion to have his conviction of rape in the first degree, kidnapping in the first degree, and coercion in the first degree from 1977, vacated. The defendant argues that his rights regarding the Confrontation Clause of the Sixth Amendment of the United States Constitution were violated during his trial when the hospital record, including notations made by a resident at the hospital who did not testify, was admitted into evidence.

The defendant also states that his conviction should be vacated on the grounds that his trial counsel was ineffective as they allowed the hospital record to be introduced as evidence.

Case Background

On the 17th of November, 1975, the defendant was indicted on charges of rape, kidnapping, and coercion. The defendant was indicted along with three co-defendants all acting in concert with each other in respect to the charges.

A New York Criminal Lawyer said during the trial, Dr. Paul Fuchs testified on behalf of the People. Dr. Fuchs was the doctor who treated the young woman complainant in his office and afterwards when she was admitted to Whitestone Hospital. He testified on account of his own examinations of the complainant and to the hospital record of the complainant’s stay. He stated that the hospital record was kept in accordance to the regular course of business. Dr. Fuchs referred to the record to refresh his memory during testimony. He stated that the record contained notations made by the admitting physician of the hospital,

The trial counsel of the defendant objected to the hospital records being admitted on the grounds that any portion of the record that related to bruising, contusion, or cigarette burns should not be admitted as the trial testimony indicated these injuries were inflicted by a co-conspirator before the defendant become involved in the incident and for that reason this part of the record should not be part of the “acting in concert” charges.

The trial judge overruled the objection and the records were allowed to be submitted into evidence. He issued a limiting instruction to the jury in regard to their consideration for this part of the record.

Court Discussion and Decision

A New York Drug Possession Lawyer said the court has reviewed all of the facts relevant to this case. It was found that the defendant had appealed his conviction and did not raise the issue of hearsay objection during his case for appeal. The appeal case was reviewed in its entirety and after careful consideration including study of similar cases in the state of New York, the court denies the motion to vacate judgment on the basis that the defendant was unable to raise justifiable issues on appeal.

In regard to vacating the conviction on the grounds of ineffective assistance of counsel, it is found that the counsel of the defendant attempted to object to the evidence being submitted at the time of the trial. A New York Sex Crimes Lawyer said this motion for vacating the conviction is denied as well. The entire motion of the defendant is dismissed without a hearing.

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