Ineffective assistance of counsel; People v Trakhtenberg; Failure to present mitigation evidence at sentencing

The court held that defendant did not receive ineffective assistance of counsel at sentencing due to a failure to present mitigation evidence. Defendant was convicted of second-degree murder for the fatal stabbing of her boyfriend (WM) and sentenced to 20 to 40 years. As to her claim defense counsel (E) did not fully investigate mitigation evidence, the Ginther hearing testimony showed that E and a social worker (M) “conducted many interviews of defendant, her family members, and the victim’s family members, to compile information for a mitigation report. Through these interviews, [E] was aware of defendant’s personal history, as well as defendant’s and [WM’s] substance abuse.” The court found it clear that E “conducted a thorough investigation into defendant’s personal history. While he did not request police reports concerning defendant, [E] was aware of defendant’s tumultuous home life through his and [M’s] investigation. It cannot be said that defense counsel conducted a ‘less than complete investigation.’” Defendant also asserted that E should have presented WM’s “medical records to the trial court, which detailed his decades-long history of addiction and mental illness. After discussing the matter with [M] and defendant, [E] elected not to file a mitigation report detailing [WM’s] medical history because he did not want the sentencing hearing to delve into a critique of the victim’s life. [E] believed this may aggravate the trial court and result in a lengthier sentence.” The court concluded that E “made a complete investigation and made an objectively reasonable, strategic choice based on his professional judgment not to present this evidence. Thus, defense counsel’s choice did not fall below an objective standard of reasonableness.” The court also rejected defendant’s argument that she was prejudiced by E’s decision not to present mitigation evidence at sentencing, finding that there was not a reasonable probability she “would have received a lesser sentence.” Affirmed.