Legal Opinion

People v. Mercer

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

Decided January 26, 2010PublishedCited by 2 opinions

1Opinion of the Court

The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that he was deprived of the effective assistance of counsel, except to the extent that the alleged ineffective assistance involved the voluntariness of his plea (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Opoku, 61 AD3d 705 [2009]). To the extent that the defendant is claiming that the ineffective assistance of counsel rendered his plea involuntary, the record reveals that the defendant received an advantageous plea, and nothing in the record casts doubt on the effectiveness of counsel…

2Cases cited6 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. FordNew York Court of Appeals · 1995
  4. People v. BoodhooAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. OpokuAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by2 opinions

  1. People v. AguayoAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2011

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