Cargando…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 13 A.D.3d 271; 788 N.Y.S.2d 39. Datos: https://static.case.law/ad3d/13/cases/0271-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Fernandez, 13 A.D.3d 271 (New York Supreme Court, Appellate Division, 2004) Judgment, Supreme Court, New York County (Felice Shea, J.), rendered June 3, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, affirmed. Order, same court (John E.H. Stackhouse, J.), entered on or about September 25, 2002, which denied defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10, affirmed. We reject defendant’s contention that he is entitled to a hearing on his claim, advanced by way of a motion to set aside his first-degree assault conviction pursuant to CPL 440.10, that trial counsel represented him ineffectively by failing to communicate a one-day-only plea offer (of which the People have no record) that was allegedly made during “an impromptu brief encounter” between counsel in a stairwell at 100 Centre Street, after that day’s calendar call of defendant’s case had concluded. For the reasons discussed below, the very document on which this claim is based—an affirmation by defendant’s trial counsel, Steven L. Wershaw, Esq. (the Wershaw affirmation)— establishes, as a matter of law, that defendant cannot establish ineffectiveness of counsel based on the failure to convey the alleged plea offer. Defendant was originally indicted for assault in the second degree in March 1998, based upon evidence that he slashed another young man’s face with a box…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 13 A.D.3d 271; 788 N.Y.S.2d 39. Datos: https://static.case.law/ad3d/13/cases/0271-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Fernandez, 13 A.D.3d 271 (New York Supreme Court, Appellate Division, 2004) Judgment, Supreme Court, New York County (Felice Shea, J.), rendered June 3, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 12 years, affirmed. Order, same court (John E.H. Stackhouse, J.), entered on or about September 25, 2002, which denied defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10, affirmed. We reject defendant’s contention that he is entitled to a hearing on his claim, advanced by way of a motion to set aside his first-degree assault conviction pursuant to CPL 440.10, that trial counsel represented him ineffectively by failing to communicate a one-day-only plea offer (of which the People have no record) that was allegedly made during “an impromptu brief encounter” between counsel in a stairwell at 100 Centre Street, after that day’s calendar call of defendant’s case had concluded. For the reasons discussed below, the very document on which this claim is based—an affirmation by defendant’s trial counsel, Steven L. Wershaw, Esq. (the Wershaw affirmation)— establishes, as a matter of law, that defendant cannot establish ineffectiveness of counsel based on the failure to convey the alleged plea offer. Defendant was originally indicted for assault in the second degree in March 1998, based upon evidence that he slashed another young man’s face with a box…