PEOPLE v. SHORTER

2012-01586.

106 A.D.3d 1115 (2013)

966 N.Y.S.2d 184

2013 NY Slip Op 3860

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY SHORTER, Appellant.

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

Decided May 29, 2013.


Ordered that the judgment is affirmed.

The defendant argues that the Supreme Court improperly denied his motion to vacate his plea of guilty, which was based on his contention that his counsel rendered ineffective assistance. The defendant's claim of ineffectiveness survives his valid waiver of his right to appeal since it affects the voluntariness of the plea (see People v Perazzo, 65 A.D.3d 1058 [2009]). Nevertheless, the...

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