People v. Hurd

OPINION OF THE COURT

Irving Lang, J.

Having successfully attacked one of two predicate felony offender informations filed by the District Attorney, the defendant now attempts to invoke a “domino” theory to nullify the second felony which he asserts was unconstitutionally obtained as a result of his prior attorney’s negligence with respect to his handling of the first felony. (CPL 400.21.) The question to be decided is the standard that a court must use in assessing what would have been likely to occur many years previously if a significant error had not been made.

*857THE FACTS

The defendant pleaded…