People v. Phelan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered February 13, 2009, convicting defendant upon his plea of guilty of the crime of forgery in the second degree.
Defendant pleaded guilty to forgery in the second degree, waived his right to appeal and was sentenced to the agreed-upon term of 2V2 to 5 years in prison. Defendant now appeals contending, among other things, that he was denied the effective assistance of counsel due to counsel’s failure to file a suppression motion.
Freliminarily, we reject any assertion that defendant’s waiver of the…
2Cases cited9 opinions
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