X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47151 Judge Stolz CLAIMING INEFFECTIVE assistance of counsel, defendant attorney sought vacatur of her conviction for attempted petit larceny. She argued that her lawyer did not convey her desire to accept a plea offer because he had a monetary interest in pursuing a civil action, the likelihood of success of which would be enhanced by her acquittal. She also alleged that her counsel’s preparations for and conduct of trial were constitutionally inadequate. In his affirmation, defendant’s trial counsel rejected defendant’s allegations. Based on its review of the record, the court determined that a hearing, pursuant to Criminal Procedure Law �440.30, was not required. The court denied vacatur. Noting defendant’s rejection of plea offers, maintenance of innocence and her knowing exercise of her right to go to trial, as well as her lawyer’s motion practice and trial conduct, the court found that defendant failed to show that she was deprived of a fair trial by less than meaningful representation.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.