New York Court of Appeals
The People of the State of New York, Respondent v. Marcus D. Hogan, Appellant
February 18, 201626 N.Y.3d 779
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the drug factory presumption under Penal Law § 220.25(2) was properly applied to the facts and that the defendant's claim of ineffective assistance of counsel failed because the decision not to testify before the grand jury was a strategic choice within counsel's authority and no prejudice was shown. The Court also reiterated that a defendant must demonstrate prejudice to succeed on such an ineffective‑assistance claim. Justice Rivera dissented, arguing that the presumption should not have been applied and that the ineffective‑assistance analysis should not require a prejudice showing.