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People v. John

Ineffective Assistance of Counsel Claim Procedurally Barred, Vacatur of Conviction Denied

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DECISION AND ORDER

*1  By pro se motion, Defendant makes a second application, pursuant to Criminal Procedure Law (CPL) section 440.10, to vacate the judgment of conviction on the grounds that 1) he was denied effective assistance of counsel and 2) the court failed to conduct further inquiry of Defendant’s guilty plea after receiving Defendant’s pre-sentence report. For the reasons set forth below, Defendant’s motion to vacate his judgment of conviction is denied in its entirety. PROCEDURAL HISTORYDefendant was charged with one count each of Murder in the Second Degree, in violation of Penal Law (PL) section 125.25(1), Assault in the First Degree, in violation of PL section 120.10(1), Assault in the Second Degree, in violation of PL section 120.05(1), and two counts of Criminal Possession of a Weapon in the Second Degree, in violation of PL sections 265.03(1)(b) and 265.03(3), for an incident that occurred on July 5, 2008. On April 11, 2011, Defendant pled guilty before another Justice of this court to the charges of Murder in the Second Degree and Assault in the First Degree in full satisfaction of the indictment. In exchange for his plea, Defendant was promised a sentence of 15 years to life in prison on the murder count, which was the minimum period of incarceration permissible by law for the crime of Murder in the Second Degree, to run concurrent with a sentence of fifteen years in prison plus five years of post-release supervision on the assault count.On the date of his plea, the court ordered a pre-sentence investigation report and the Defendant was interviewed by the Department of Probation in connection with that report. In the section of the report entitled, Summary of Defendant’s Statement, the interviewer wrote “The defendant admits guilt in the instant offense. He states that he pled guilty because he did not

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