PEOPLE v. ELLIS


53 A.D.3d 776 (2008)

861 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMAR L. ELLIS, Appellant.

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

Decided July 10, 2008.


Cardona, P.J.

Defendant, waiving his right to appeal, pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, as a second felony offender, in accordance with the plea agreement to a prison term of 3 to 6 years. Thereafter, defendant moved, pursuant to CPL 440.10, to vacate the judgment of conviction on the ground that he was denied the effective assistance of counsel. County Court denied the motion without a hearing. Defendant...

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