People v Maldonado, 28 NY3d 1173 (2017)

2017 NY Slip Op 01254 [28 NY3d 1173]
February 16, 2017
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Fernando Maldonado, Appellant.

Argued January 11, 2017; decided February 16, 2017

People v Maldonado, 119 AD3d 610, reversed.

{**28 NY3d at 1174} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of grand larceny in the first degree (Penal Law § 155.42); attempted grand larceny in the first degree (Penal Law §§ 110.00, 155.42); and criminal possession of a forged instrument in the second degree (Penal Law § 170.25).

Defendant appealed, arguing, among other things, that the evidence was legally [*2]insufficient to support his conviction on each count and that he was denied effective assistance of counsel. The Appellate Division unanimously affirmed defendant’s convictions (People v Maldonado, 119 AD3d 610 [2d Dept 2014]).

We agree with the Appellate Division that, to the extent preserved, defendant’s legal sufficiency challenges to this trial record lack merit. However, we hold that counsel’s overall per{**28 NY3d at 1175}formance fell below the “meaningful representation” standard and defendant is entitled to a new trial (see People v Berroa, 99 NY2d 134 [2002]; see also People v Baldi, 54 NY2d 137, 147 [1981]).

Chief Judge DiFiore and Judges Abdus-Salaam, Stein, Fahey and Garcia concur; Judge Rivera concurs in the result; Judge Wilson taking no part.

Order reversed and a new trial ordered, in a memorandum.