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 New York Court of Appeals reversed the Appellate Division’s order and remanded for a new trial, holding that the prosecutor’s improper closing‑argument remarks and defense counsel’s failure to object deprived the defendant of effective assistance of counsel. The dissent argued that the prosecutor’s conduct, while improper, did not rise to the level of ineffective assistance warranting reversal.