Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Felder
Although defense counsel admitted in an affirmation in support of defendant's motion to withdraw his guilty plea that, at the time of the plea, defense counsel was ignorant of a particular prior decision relating to the People's burden at trial on the element of forcible compulsion, the record reveals that defense counsel was aware of the basic principles of criminal law and procedure applicable to the crime and thus could effectively counsel defendant as to whether it was in defendant's best interest to accept the plea ( cf. People v Butler , 94 AD2d 726, 726 [2d Dept 1983]).
discussed
Cited "see, e.g."
People v. Gordian
Accordingly, we find that defendant was denied effective assistance and is entitled to a new trial (see People v Fleming, 58 AD3d 527 [1st Dept 2009]; People v Logan, 263 AD2d 397, 398 [1st Dept 1999], lv withdrawn 94 NY2d 798 [1999]; see also People v Butler, 94 AD2d 726 [2d Dept 1983]).
discussed
Cited "see, e.g."
People v. Gordian
Accordingly, we find that defendant was denied effective assistance and is entitled to a new trial (see People v Fleming, 58 AD3d 527 [1st Dept 2009]; People v Logan, 263 AD2d 397, 398 [1st Dept 1999], lv withdrawn 94 NY2d 798 [1999]; see also People v Butler, 94 AD2d 726 [2d Dept 1983]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Fred Cutola
v.
Fred Cutola
Appellate Division of the Supreme Court of the State of New York.
May 9, 1983.
Published
— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Sharpe, J.), imposed March 5,1981, upon his conviction of the unauthorized use of a vehicle as a misdemeanor, upon his plea of guilty, the sentence being a definite prison term of one year. Sentence modified, as matter of discretion in the interest of justice, by reducing it to a period of probation of three years. As so modified, sentence affirmed and case remitted to the Supreme Court, Queens County, to fix the terms and conditions of probation and for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated herein. Thompson, J. P., Gulotta, Bracken and Niehoff, JJ., concur.