On appeal from the trial record, what is the test for adequacy of counsel's performance?
MultiRegion, United States of America
The following excerpt is from Hudyih v. Smith, No. 15-2412-pr (2nd Cir. 2017):
on direct appeal. See, e.g., People v. Yourdon, 142 A.D.2d 998, 998, 530 N.Y.S.2d 419, 420 (4th Dep't 1988). Moreover, Fulton acknowledged that New York courts apply 440.10(2)(c), as occurred here, where the adequacy of counsel's performance could be assessed on direct appeal from the trial record. See Fulton v. Graham, 802 F.3d at 263; People v. Carter, 105 A.D.3d 1149, 1150, 963 N.Y.S.2d 419, 421 (3d Dep't 2013).
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