People v. Morris

In People v. Morris, 100 AD2d 630, 473 N.Y.S.2d 595 (2d Dept. 1984), the defendant was charged with Sodomy in the First Degree, Robbery in the Third Degree, Unlawful Imprisonment in the First Degree and Criminal Possession of Stolen Property. Based upon the defendant's own testimony that he knew the car in which he was arrested was stolen, defense counsel conceded the defendant's guilt of Criminal Possession of Stolen Property. In Morris "it was counsel's hope that by admitting guilt on that charge, the jury would be more apt to view trial counsel as being candid, ... and thereby obtain an acquittal on the more serious charges...." The Second Department rejected the claim that this strategy constituted ineffective assistance of counsel, reasoning that "the courts should not second guess trial tactics employed by defense attorneys." Id. at 631.