Legal Opinion
People v. Washington
New York County Courts
Decided November 1, 2004PublishedCited by 4 opinions
1Opinion of the Court
*958OPINION OF THE COURT
Stephen K. Lindley, J.
Having been convicted following a jury trial of two counts of robbery in the first degree, defendant moves, pursuant to CPL 440.10, to vacate the judgment of conviction on grounds of ineffective assistance of counsel. More specifically, defendant contends that his court-appointed attorney lacked authority to concede guilt, without his consent, to a lesser charge of robbery in the second degree.
For the reasons that follow, the motion is granted and a new trial ordered.
Facts
Defendant was arrested on September 18, 200.3, for his alleged participation…
2Cases cited36 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jones v. BarnesSupreme Court of the United States · 1983
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. StultzNew York Court of Appeals · 2004
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3Cited by4 opinions
- People v. PilatoAppellate Division of the Supreme Court of the State of New York · 2016
- Gueits v. KirkpatrickDistrict Court, E.D. New York · 2009
- PILATO, MICHAEL A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PilatoAppellate Division of the Supreme Court of the State of New York · 2016