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 Court affirmed the conviction, holding that the drug‑factory presumption of Penal Law § 220.25(2) was properly applied to infer knowing possession, 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. Justice Rivera dissented, arguing the presumption was applied too broadly and that the ineffective‑assistance claim should not require a prejudice showing.