COSBY, PIERRE D., PEOPLE v, KA 06-03311

Cosby was convicted by jury in Onondaga County of rape in the first degree and two counts of menacing in the second degree; DNA linked Cosby to the victim's vaginal sample.
The victim testified Cosby punched her, raped her at gunpoint, and that there was prior consensual contact; defense did not call witnesses and Cosby did not testify.
Appellate counsel moved under CPL 440.10 asserting ineffective assistance due to defense counsel's failure to inform Cosby that he alone decides whether to testify.
A CPL 440.10 hearing was held; Cosby testified about the night and his counsel advised against testifying but did not inform him that the final decision rested with him.
The trial court found Cosby told counsel he wished to testify, and that counsel advised against it but failed to inform him of the final decision-making authority; the court nevertheless denied the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cosby was denied effective assistance of counsel.	Cosby maintains counsel failed to advise that he alone decides to testify.	Cosby argues the error undermined the trial's fairness and constitutes ineffective assistance.	No; single error was not enough to deny effective assistance.

People v. Baldi, 54 N.Y.2d 137 (N.Y. 1981) (test for effective assistance of counsel)
Brown v. Artuz, 124 F.3d 73 (2d Cir. 1997) (duty to advise on the right to testify)
United States v. Teague, 953 F.2d 1525 (2d Cir. 1991) (constitutional right to testify; decision rests with defendant)
Jones v. Barnes, 463 U.S. 745 (U.S. 1983) (defendant's right to control his own testimony)
People v. Hobot, 84 N.Y.2d 1021 (N.Y. 1994) (extreme cases of ineffective assistance)
People v. Turner, 5 N.Y.3d 3d 476 (N.Y. 2005) (single error not always fatal to fair trial)