Legal Opinion

People v. Duart

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2014PublishedCited by 12 opinions

1Opinion of the Court

*789Prior to the imposition of sentence for the defendant’s conviction of attempted use of a child in a sexual performance under superior court information No. 2799/10, the defendant moved, inter alia, to withdraw his plea of guilty to that charge. Assigned counsel expressed his opinion that the defendant should “maintain his plea” and informed the court that he didn’t “feel that [he] could represent [the defendant] at any further proceedings.” The defendant’s right to counsel was adversely affected when his attorney took a position adverse to the defendant’s with respect to that branch of the…

2Cases cited4 opinions

  1. People v. MitchellNew York Court of Appeals · 2013
  2. People v. VegaAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. FullyAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. GravesAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by12 opinions

  1. People v. DuartAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. KingAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. BarrAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. IllescasAppellate Division of the Supreme Court of the State of New York · 2015

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