PEOPLE v. SMITH

2011-08557.

102 A.D.3d 896 (2013)

958 N.Y.S.2d 204

2013 NY Slip Op 363

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE M. SMITH, Appellant.

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

Decided January 23, 2013.


Ordered that the judgment is affirmed.

At issue here is whether defense counsel was ineffective because he negotiated an unfavorable plea agreement. Pursuant to the agreement, the defendant pleaded guilty to all counts in the indictment, waived his right to appeal, and was promised a sentence of six months of imprisonment plus five years of probation, contingent upon the defendant not being "re-arrested between now and the date set for sentencing." The People did...

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