Legal Opinion
People v. Fully
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 13 opinions
1Opinion of the Court
Prior to sentencing, the defendant moved to withdraw his plea of guilty. The Supreme Court assigned a new attorney to represent the defendant at a hearing on the defendant’s motion, but, at the hearing, the new attorney stated on three occasions that it was his “professional” or “knowledgeable” opinion that the defendant’s motion was without merit. As the People correctly concede, the defendant’s right to counsel was adversely affected when his new attorney took a position adverse to the defendant’s with respect to the defendant’s motion (see1 People v Vega, 88 AD3d 1022 [2011]; People v…
2Cases cited3 opinions
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BedoyaAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by13 opinions
- People v. GravesAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DuartAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KingAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PointerAppellate Division of the Supreme Court of the State of New York · 2023
- People v. HowellAppellate Division of the Supreme Court of the State of New York · 2017
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