People v. Gordon

Defendant was convicted, after jury trial, of armed robbery. Given overwhelming evidence of Defendant's guilt, there was no reasonable probability that outcome of trial would have been different but for defense counsel's promise in opening statement that Defendant would testify.  Decision whether or not to testify was Defendant's decision and his alone, and any problem arising from defense counsel's opening statement was attributable to Defendant's decision to not testify. Thus, Defendant failed to establish ineffective assistance of counsel under either prong of Strickland. Court did not abuse its discretion in sentencing Defendant to 37 years, as court properly considered seriousness of offense and relevant factors in mitigation and aggravation in imposing sentence within statutory range. (SIMON, concurring; HYMAN, concurring in part and dissenting in part.)