Found sleeping in the driver's seat of his vehicle--which was still running--Timothy M. was arrested and eventually found guilty of "aggravated driving while intoxicated per se and driving while intoxicated."
On appeal, Timothy argued that his attorney failed to adequately represent him. And, interestingly, the Appellate Term, Second Department, agreed.
On its review of the record, the AT noted that Murray's attorney lacked a "legitimate trial strategy," failed to make appropriate objections and motions, and allowed witnesses to make statements that were inconsistent with testimony offered at a pre-trial hearing.
Because "meaningful representation" had been denied, the AT2 reversed Timothy's convictions and sent the case back for a new trial.
What a bunch of snoozers!
To view a copy of the Appellate Term's decision, please use the following link: People v. M.