People v. Thompson

Summary

The New York Court of Appeals held that defense counsel was not constitutionally ineffective for declining to use a peremptory challenge against a prospective juror who was a longtime friend of the prosecuting attorney. Although the court noted that the trial judge may have erred in denying the for-cause challenge and that counsel's decision was questionable, the error was not sufficiently egregious and prejudicial to deprive the defendant of effective assistance of counsel.

Holdings

1. Trial counsel's decision not to use a peremptory challenge against the prospective juror did not constitute ineffective assistance because the decision could have been a reasonable strategic or unconventional choice, and the record did not establish that the juror's presence impaired the fairness of the trial.
2. Even assuming counsel erred by failing to use a peremptory challenge to preserve appellate review of the denied for-cause challenge, the error was not sufficiently egregious and prejudicial to constitute ineffective assistance.

Questions Presented

1. Whether trial counsel rendered ineffective assistance by failing to use a peremptory challenge against a prospective juror who was a longtime friend of the prosecuting attorney.
2. Whether counsel's failure to exercise the peremptory challenge, thereby failing to preserve an appellate claim concerning the denial of the for-cause challenge, constituted ineffective assistance.

Disposition

affirmed