PEOPLE v. MARINO

4037, 1754/04.

81 A.D.3d 426 (2011)

917 N.Y.S.2d 142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL MARINO, Appellant.

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

Decided February 3, 2011.


Defendant claims his plea was involuntary, and the product of ineffective assistance of counsel, in that at the time of the plea he believed his federal conviction was the equivalent of a New York felony and that he had to be sentenced as a predicate felon under Penal Law § 70.06 (1) (b). He asserts that this misinformation affected plea negotiations and his decision to plead guilty. He requests vacatur of the plea.

The record establishes that the plea was voluntary...

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