People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.E
Defendant correctly asserted, in his pro se motion pursuant to CPL 440.10 to vacate his conviction, that his trial counsel failed to properly represent him during the plea negotiations in his prosecution on a robbery charge. Specifically, it is undisputed that in the course of plea discussions, the prosecutor and the trial court misapprehended defendant’s status for sentencing purposes, and defense counsel failed to ascertain and correct this misapprehension. Counsel’s representation in this respect, as a matter of law, fell below the requirements of reasonably…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. HenryNew York Court of Appeals · 2000
- Bernard Cullen v. United StatesCourt of Appeals for the Second Circuit · 1999
- Johney Pham v. United StatesCourt of Appeals for the Second Circuit · 2003
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