PEOPLE v. SIMMONS

2011-02705.

100 A.D.3d 809 (2012)

953 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONELL SIMMONS, Appellant.

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

November 14, 2012.


Ordered that the order is affirmed.

The defendant contends that he was deprived of his state and federal constitutional rights to effective assistance of counsel on his motion pursuant to CPL 440.20 to set aside so much of his sentence as imposed a period of five years of postrelease supervision. Contrary to the defendant's contention, a defendant cannot claim a state or federal constitutional right to effective assistance of counsel on a motion pursuant to CPL 440...

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