PEOPLE v. BENJAMIN

570369/08.

24 Misc.3d 103 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOAGY BENJAMIN, Appellant.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 22, 2009.


Attorney(s) appearing for the Case

Patricia A. Pileggi, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Allen J. Vickey and Sheila O'Shea of counsel), for respondent.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered February 1, 2008, reversed, on the law, the plea vacated and the matter remanded for further proceedings.

The statements made by defense counsel on defendant's behalf and in his presence during the plea proceedings, negating the intent element of the underlying governmental obstruction charge and reflecting counsel's view that defendant was not "doing anything wrong" prior to his arrest...

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