People v. Ford
Cases that cite this one
49 later published cases cite this decision. The 25 that cite it most often are listed here.
- Arce v. Smith (District Court, S.D. New York 1989)
- People v. Fox (Appellate Division of the Supreme Court of New York 2020)
- People v. Dogan (Appellate Division of the Supreme Court of New York 2020)
- People v. Stevens (Appellate Division of the Supreme Court of New York 2000)
- Minor v. Henderson (District Court, S.D. New York 1991)
- People v. Ciesluk (Appellate Division of the Supreme Court of New York 1984)
- People v. Keitt (Appellate Division of the Supreme Court of New York 2022)
- People v. Keitt (Appellate Division of the Supreme Court of New York 2022)
- People v. Corby (Appellate Division of the Supreme Court of New York 2019)
- People v. Hill (John) (Appellate Terms of the Supreme Court of New York 2017)
- CHELLEY, BANGALY, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Chelley (Appellate Division of the Supreme Court of New York 2016)
- People v. Chelley (Appellate Division of the Supreme Court of New York 2016)
- People v. Hayes (Appellate Division of the Supreme Court of New York 2014)
- ATKINS, UKIAH R., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- JOHNSON, JR., BOBBY, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2013)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2013)
- People v. Giuca (Appellate Division of the Supreme Court of New York 2010)
- People v. Ozuna (N.Y. 2006)
- People v. Ozuna (Appellate Division of the Supreme Court of New York 2006)
- People v. Broxton (Appellate Division of the Supreme Court of New York 2006)
- People v. Coleman (Appellate Division of the Supreme Court of New York 2004)
- People v. Kirkland (New York Supreme Court 2003)
- People v. Fu Chen (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
After careful review of the record before us, we conclude that appellant has not established that he was denied his right to effective assistance of counsel. Only recently, this court has noted that defense "[cjounsel may be reasonably expected to call upon witnesses to testify on behalf of a defendant only when such witnesses exist.” (People v Aiken, 45 NY2d 394, 400.) Appellant has failed to demonstrate that the alleged alibi witnesses would testify at trial that appellant was not in the vicinity of the robbery during its commission, or that defense counsel’s decision not to bring forth these witnesses was clearly prejudicial to appellant and not the result of well-advised defense strategy.
Nor was appellant entitled to a hearing on his motion to vacate the judgment of conviction. Appellant’s papers in support of such motion fail to include affidavits of his potential alibi witnesses revelatory of their testimony which would have been given at trial. Appellant merely submitted unverified letters and records, together with conclusory, handwritten notes of an investigator who had contacted these witnesses prior to trial. To conclude that these witnesses could have established appellant’s alibi defense at trial, we would, by necessity, be indulging in pure speculation. Hence, in the absence of evidentiary facts reflecting the existence of an issue, a hearing was not required. (People v Session, 34 NY2d 254.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.