Legal Opinion

People v. Fashaw

New York Supreme Court

Decided March 22, 2017Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 16, 2011, convicting him of assault in the second degree and resisting arrest, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was invalid (see People v Salgado, 111 AD3d 859 [2013]; People v Nugent, 109 AD3d 625 [2013]; People v Gheradi, 68 AD3d 892, 893 [2009]; People v Boustani, 300 AD2d 313, 314 [2002]).

The defendant was not deprived of the effective…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. NugentAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. SalgadoAppellate Division of the Supreme Court of the State of New York · 2013

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