PEOPLE v. MACKENZIE


233 A.D.2d 101 (1996)

649 N.Y.S.2d 778

The People of the State of New York, Respondent, v. Edward Mackenzie, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1996


After conducting a hearing on defendant's motion to vacate the judgment, the hearing court found that defendant was not misadvised regarding the appealability of his statutory speedy trial claim and that his guilty plea was not induced by erroneous advice on this issue. It made this finding after having observed firsthand the testimony of the defendant and his former counsel. According these findings the appropriate deference due them, we discern no basis to disturb the hearing...

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