Legal Opinion

People v. Samuels

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

Decided October 4, 2016No. 1367 2615/09PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Albert Lorenzo, J.), entered March 9, 2015, which denied defendant’s CPL 440.10 motion to vacate a May 11, 2010 judgment of conviction, unanimously reversed, on the law, and the matter remanded for a hearing on defendant’s claim of ineffective assistance of counsel.

A court considering a CPL 440.10 motion challenging the validity of a plea and raising the issue of ineffective assistance of counsel must be guided by certain principles. The “longstanding test for determining the validity of a guilty plea is whether the plea represents a voluntary and…

2Cases cited14 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. BeneventoNew York Court of Appeals · 1998
  5. People v. RiveraNew York Court of Appeals · 1988

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3Cited by7 opinions

  1. People v. LantiguaAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. SantosAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. Guzman-CabaAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. Guzman-CabaAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. Amakye (Charlotte)Appellate Terms of the Supreme Court of New York · 2019

2 more not listed; retrieve them via the Exa API.

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