PEOPLE v. DAVIS


265 A.D.2d 260 (1999)

697 N.Y.S.2d 596

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD DAVIS, Appellant.

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

Decided October 28, 1999.


Defendant claims that he received ineffective assistance of counsel as a result of counsel's advice to defendant to plead guilty rather than pursue a defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]). This type of ineffective assistance claim would require a CPL 440.10 motion in order to amplify the record as to the nature of the advice rendered to defendant and as to counsel's strategic analysis of the case underlying such advice (People v Love...

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