Legal Opinion · Concurrence

People v. Hernandez

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

Decided August 21, 2012Published

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

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Padilla v. KentuckySupreme Court of the United States · 2010
  4. People v. HicksonAppellate Division of the Supreme Court of the State of New York · 1990

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