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PEOPLE v. PINA

35 A.D.3d 45 (2006)

824 N.Y.S.2d 220

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BIENVENIDO PINA, Appellant.

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

October 10, 2006.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Saadia Aleem and Rosemary Herbert of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Gregory H. Mansfield and Donald J. Siewert of counsel), for respondent.

ANDRIAS, J.P., SAXE, SULLIVAN and WILLIAMS, JJ., concur.

OPINION OF THE COURT

McGUIRE, J.

Notwithstanding defendant's recitation at the time of the guilty plea that he was satisfied with the representation provided by his attorney, the court erred in not directing that a hearing be held on the motion defendant promptly made, assisted by new counsel, to vacate the guilty plea on the ground, inter alia, that prior counsel provided "conflicted, coercive and inadequate representation." Given the serious and partially...

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