New York Court of Appeals

The People of the State of New York, Respondent v. Aaron Richard Fisher, Appellant

April 3, 201218 N.Y.3d 964

Summary

The Court of Appeals reversed the Appellate Division’s affirmation of Aaron Fisher’s conviction and ordered a new trial, holding that defense counsel’s failure to object to the prosecutor’s improper summation constituted ineffective assistance of counsel under the right to counsel. The majority found the prosecutor’s comments were outside the evidence and that the counsel’s inaction deprived the defendant of meaningful representation.