A prisoner who turned down a plea deal for 10 years and went to trial only to be convicted and sentenced to 40 years behind bars has been given the chance to argue ineffective assistance of counsel.

Derrick Fulton said his attorney “failed to discuss” the pros and cons of the 10-year plea offer and gave him “no guidance” on whether to take the offer or go to trial on burglary and robbery charges in Oneida County. Fulton, who was convicted following a three-day trial in 2008, was sentenced as a second felony offender.