People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Concurrence
Saxe, J.E, and Sweeny, J,
concur in a separate memorandum by Sweeny, J., as follows: The “longstanding test for determining the validity of a guilty plea is whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant” (Hill v Lockhart, 474 US 52, 56 [1985] [internal quotation marks omitted]). A defendant challenging the propriety of his guilty plea on the ground of ineffective assistance of counsel must meet the two-prong test set out in Strickland v Washington (466 US 668 [1984]). Under Strickland, the “defendant must show that…
2Cases cited4 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hill v. LockhartSupreme Court of the United States · 1985
- Padilla v. KentuckySupreme Court of the United States · 2010
- People v. HicksonAppellate Division of the Supreme Court of the State of New York · 1990