Legal Opinion
People v. Bennett
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000PublishedCited by 3 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied effective assistance of counsel because his attorney allowed him to reject a plea offer that would have resulted in a drastically lower sentence (see, Boria v Keane, 99 F3d 492, cert denied 521 US 1118). That contention is based in large part upon facts that are outside the record and thus not subject to review on direct appeal (see, People v Dibble [appeal No. 2], 277 AD2d 969 [decided herewith]; People v Ford, 184 AD2d 1013, lv denied 80 NY2d 929). The appropriate vehicle for review is through commencement of…
2Cases cited5 opinions
- Oscar Boria v. John Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- People v. SherkAppellate Division of the Supreme Court of the State of New York · 2000
- People v. DibbleAppellate Division of the Supreme Court of the State of New York · 2000
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1992
- People v. SteeleAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by3 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
- MANGIARELLA, ANTHONY J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- POWELL, JOYCE E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014