People v. Davey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Defendant claims that he was denied the effective assistance of counsel because he was not advised that he had a viable defense to the charge of criminal possession of a forged instrument in the second degree. Upon review, we agree that his contentions are sufficient to raise questions of fact requiring a hearing (see CPL 440.30 [1]; People v Wimberly, 86 AD3d 651, 652 [2011]; People v Reynolds, 309 AD2d 976, 977 [2003], lv denied 5 NY3d 832 [2005]). Defendant’s conviction arose out of his possession of a Social Security card issued in a name other than his own. He asserts that he had assumed…
2Cases cited9 opinions
- People v. BrigginsNew York Court of Appeals · 1980
- People v. AsaiAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ThomsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. AsaroNew York Court of Appeals · 1999
- People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2003
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