Legal Opinion

People v. Garcia

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 2005PublishedCited by 11 opinions

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. HenryNew York Court of Appeals · 2000
  4. Bernard Cullen v. United StatesCourt of Appeals for the Second Circuit · 1999
  5. Johney Pham v. United StatesCourt of Appeals for the Second Circuit · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. ThomsonAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. MosbyAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. WimberlyAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. BakerAppellate Division of the Supreme Court of the State of New York · 2011

6 more not listed; retrieve them via the Exa API.

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