In People v. Turner, 2005 N.Y. Slip Op. 08766, the defendant, who had been indicted for murder in the second degree, sixteen years after the commission of the crime, was subsequently convicted of manslaughter in the first degree, an offense with a five year statute of limitations. The Court of Appeals held that appellate counsel was ineffective for failing to raise the statute of limitations defense and for failing to argue that trial counsel was ineffective due to his failure to preserve the statute of limitations defense. Likewise, the Court held that trial counsel was ineffective for failing to preserve the defense. The Court concluded that this was the rare case in which a single lapse, by otherwise competent counsel, constituted a deprivation of the right to effective legal representation in light of the strength of the statute of limitations defense.
Additionally, the Court noted that appellate counsel had chosen to raise only one point on appeal, and "(t)his might be a different case if defendant's appellate counsel had found herself choosing among half a dozen, or even four or five, substantial arguments, and had decided not to make them all."