Legal Opinion
People v. Vega
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 21 opinions
1Opinion of the Court
At sentencing, the defendant, in effect, moved to withdraw his plea of guilty. The defendant’s right to counsel was adversely affected when his attorney, in effect, became a witness against him and took a position adverse to him with respect to the motion at sentencing (see People v Dixon, 63 AD3d 957, 957 [2009]; People v Bedoya, 53 AD3d 621, 621 [2008]; People v Armstead, 35 AD3d 624, 626 [2006]; People v Bryant, 22 AD3d 676, 677 [2005]). The Supreme Court should have assigned a different attorney to represent the defendant before it determined the *1023defendant’s motion to withdraw his plea of…
2Cases cited4 opinions
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BedoyaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by21 opinions
- People v. FullyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GravesAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DuartAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 2015
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