Legal Opinion

People v. Benjamin

Appellate Terms of the Supreme Court of New York

Decided July 22, 2009PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Judgment of conviction, rendered February 1, 2008, reversed, on the law, the plea vacated and the matter remanded for further proceedings.

The statements made by defense counsel on defendant’s behalf and in his presence during the plea proceedings, negating the intent element of the underlying governmental obstruction charge and reflecting counsel’s view that defendant was not “doing anything wrong” prior to his arrest, cast sufficient doubt on defendant’s guilt as to trigger the court’s obligation to make further inquiry of the defendant to ensure that defendant understood…

3Cases cited3 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. GoldsteinNew York Court of Appeals · 2009
  3. People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1993

4Cited by3 opinions

  1. People v. SerranoAppellate Terms of the Supreme Court of New York · 2014
  2. People v. BovioAppellate Division of the Supreme Court of the State of New York · 2022
  3. People v. Serrano (Marino)Appellate Terms of the Supreme Court of New York · 2018

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