New York Court of Appeals

The People of the State of New York, Respondent v. Mark Smith, Also Known as David Early, Appellant

September 2, 199382 N.Y.2d 731

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the trial court's inquiry into the defendant's request for new counsel was sufficient, that counsel's strategic decision not to call a weak witness did not constitute ineffective assistance, and that the prosecutor's summation references to the lack of credible alibi testimony were permissible.