New York Court of Appeals
The People of the State of New York, Respondent v. Shareef Evans, Appellant
March 31, 201116 N.Y.3d 571
Summary
The Court of Appeals affirmed the defendant's conviction, holding that counsel's failure to raise the otherwise successful statute-of-limitations defense did not constitute ineffective assistance because the record supported a legitimate strategy of allowing the factfinder to consider manslaughter as an alternative to murder. The Court also rejected the claim that counsel was ineffective for failing to move to reopen the suppression hearing because the motion would not have produced a different ruling. Judge Jones, dissenting, would have reversed, concluding that the record showed no deliberate strategy and that counsel's failure to raise the time-barred defense was prejudicial.