People v. Ross

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered November 23, 1992, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

In an effort to overturn his conviction, defendant claims, inter alia, that he was denied the effective assistance of counsel by his attorney’s failure to serve a written motion to withdraw his guilty plea and that his guilty plea was not knowing and voluntary because he was distraught by his sister’s death at the time he entered into the plea agreement.…