People v. Powell

OPINION OF THE COURT

Daniel Palmieri, J.

The defendant moves pro se for an order pursuant to CPL 440.10 (1) (f) and (h) vacating the judgment against him. He contends that his trial counsel was ineffective in that he failed to advise the defendant he had the right to be present at his Sandoval hearing, that the hearing was not placed on the record, and that he did not testify at his trial on the advice of counsel, all of which prejudiced the defendant resulting in his conviction. The People oppose the motion.

PROCEDURAL HISTORY

On January 11, 1982, the defendant was indicted for the crimes of two…