Legal Opinion

People v. Taylor

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

Decided December 13, 2012Published

1Opinion of the CourtMalone Jr., J.

*1236We affirm. For preservation purposes, defendant’s pro se claim at sentencing that his counsel was ineffective was tantamount to a motion to vacate his plea; therefore, it survives his appeal waiver and is properly preserved for our review (see People v Walley, 63 AD3d 1284, 1285 n [2009]; cf. People v Jerome, 98 AD3d 1188, 1189 [2012]; People v Moore, 97 AD3d 850, 851 [2012]). Nonetheless, defendant’s claim that his counsel did not adequately investigate the circumstances of his case is not supported in this record and is a claim more appropriately pursued by way of a CPL article 440 motion…

2Cases cited6 opinions

  1. People v. JeromeAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. WalleyAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. CarpenterAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. ShielsAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. FelizAppellate Division of the Supreme Court of the State of New York · 2008

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