People v. Bess, 299 A.D.2d 263 (N.Y. App. Div. 2002). · Go Syfert
People v. Bess, 299 A.D.2d 263 (N.Y. App. Div. 2002). Cases Citing This Book View Copy Cite
“settlement of an action will not preclude an award of damages for legal malpractice where the plaintiff is able to demonstrate that the settlement was caused by the malpractice.”
14 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: Crestwood Cove Apartments Business Trust v. Turner (utah, 2007-06-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (quoted) Crestwood Cove Apartments Business Trust v. Turner
Utah · 2007 · quote attribution · 1 verbatim quote · confidence low
settlement of an action will not preclude an award of damages for legal malpractice where the plaintiff is able to demonstrate that the settlement was caused by the malpractice.
discussed Cited "see" Prout v. Vladeck
S.D. Ill. · 2018 · signal: see · confidence high
Thus, defendants reason, "the absence of an actual pecuniary injury defeats any conceivable cause of action for malpractice." Second Supplemental Memorandum of Law in Support of Defendants' Motion to Dismiss at 3-4, ECF No. 37; see Fusco v. Fauci , 299 A.D.2d 263 , 749 N.Y.S.2d 715 (N.Y.
cited Cited "see" People v. Francis S.
N.Y. Sup. Ct. · 2005 · signal: see · confidence high
“I’m talking on my own behalf that I am clear-headed, sound in all respects” (at 30; see People v Bess, 299 AD2d 263 [1st Dept 2002]; People v Murray, 257 AD2d 438 [1st Dept 1999]).
cited Cited "see, e.g." Prout v. Anne C. Vladeck & Vladeck, Raskin & Clark, P.C.
S.D. Ill. · 2018 · signal: see, e.g. · confidence low
See, e.g. , Fusco v. Fauci , 299 A.D.2d 263 , 749 N.Y.S.2d 715 (1st Dep't 2002).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Felton Bess
Appellate Division of the Supreme Court of the State of New York.
Nov 21, 2002.
299 A.D.2d 263

Judgment, Supreme[*264] Court, Bronx County (Nicholas Iacovetta, J.), rendered March 19, 2001, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 44/2 to 9 years, unanimously affirmed.

The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs when he took the plea was belied by the transcript of his allocution and the court’s own clear recollection of defendant’s demeanor and responses (see People v Wheeler, 289 AD2d 10, lv denied 97 NY2d 763; People v Clarke, 251 AD2d 7; People v Bermudez, 228 AD2d 237, lv denied 89 NY2d 919). We also note that the credibility of this claim was undermined by the fact that, during the lengthy period between the plea and sentencing, defendant made plea withdrawal applications on other grounds but made no mention of his present claim until after the court had rejected those grounds and was about to impose sentence. Concur — Saxe, J.P., Buckley, Rosenberger, Lerner and Gonzalez, JJ.