People v. Rincon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment of resentence, Supreme Court, New York County (Ruth Pickholz, J.), rendered April 3, 2008, resentencing defendant upon his conviction of criminal sale of a controlled substance in the second degree, as a second felony offender, to a term of eight years, unanimously affirmed.
Defendant argues that he is entitled to a hearing regarding his claim that the attorney who represented him at his underlying conviction in 2004 rendered ineffective assistance by failing to challenge the constitutionality of defendant’s 1994 predicate conviction. We find this argument to be procedurally barred as…
2Cases cited11 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. HarrisNew York Court of Appeals · 1983
- People v. LoveNew York Court of Appeals · 1982
- People v. ToxeyNew York Court of Appeals · 1995
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3Cited by6 opinions
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- People v. BarroAppellate Division of the Supreme Court of the State of New York · 2016
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