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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.

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