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PEOPLE v. DIAZ

4 A.D.3d 134 (2004)

771 N.Y.S.2d 344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORIAN DIAZ, Appellant.

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

February 10, 2004.

Given the heinous circumstances of the crime and the strength of the People's case, counsel rendered effective assistance when he negotiated a plea involving a sentence that was less than the maximum (see People v Ford, 86 N.Y.2d 397, 404 [1995]), and counsel was not obligated to request even further leniency at sentencing. We note that such an argument, if successful, ran the risk of undoing the plea agreement pursuant to People...

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