What is the proper inquiry in determining whether a request would have changed the outcome?
"New York", United States of America
The following excerpt is from People v. Alvarez, 101 N.Y.S.3d 702, 125 N.E.3d 117, 33 N.Y.3d 286 (N.Y. 2019):
making the request: whether the argument would have changed the outcome is not the proper inquiry ( People v. Borrell, 12 N.Y.3d 365, 368, 881 N.Y.S.2d 637, 909 N.E.2d 559 [2009] ). The question is whether counsel's choices are consistent with those of a minimally competent attorney. That question is answered by the old saw, "nothing ventured, nothing gained."
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