People v. Clark

McCarthy, J.R

(dissenting). Because the record does not support the conclusion that defendant preserved the issue or that he was provided ineffective assistance of counsel, I respectfully dissent. The majority concludes that, based on statements that defendant and his counsel made at a sentencing hearing, counsel conceded to having advised defendant that he would be able to raise a grand jury issue on appeal, despite defendant having pleaded guilty and having waived his right to appeal. The majority finds that County Court ought to have interpreted the statements in the same manner that the…