People v. Burgos

OPINION OF THE COURT

Marcy L. Kahn, J.

On September 28, 1988, defendant Florentino Burgos was convicted by plea of guilty of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00/ 220.39 [1]) before another justice of this court. On November 14, 1988, he received the promised sentence of time served and five years’ probation. He now moves to vacate his judgment of conviction pursuant to Criminal Procedure Law § 440.10 (1) (h) on the ground that he received ineffective assistance of counsel at the time of his plea. Specifically, defendant alleges that the…