Legal Opinion

People v. Santana

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

Decided December 21, 2012PublishedCited by 4 opinions

1Opinion of the Court

Memorandum: Defendant appeals from an order denying his CPL 440.10 motion to vacate the judgment of conviction after trial. Defendant moved to vacate the judgment on the ground that he was denied effective assistance of counsel because, inter alia, defense counsel did not properly advise defendant with respect to a plea offer. Although we agree with the People that “the motion papers ‘do not contain sworn allegations substantiating or tending to substantiate’ defendant’s claims of ineffective assistance of counsel” (People v Vigliotti, 24 AD3d 1216, 1216 [2005]; cf. People v Frazier, 87 AD3d…

2Cases cited7 opinions

  1. People v. ConcepcionNew York Court of Appeals · 2011
  2. People v. FrazierAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. SmileyAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. VigliottiAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by4 opinions

  1. ABUHAMRA, HANI, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  2. JONES, DANIEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  3. MCCULLOUGH, TUREMAIL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  4. WASHINGTON, EDDIE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015

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