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PEOPLE v. GRUBSTEIN

No. 193.

24 N.Y.3d 500 (2014)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD GRUBSTEIN, Appellant.

Court of Appeals of New York.

Decided November 18, 2014.

Attorney(s) appearing for the Case

Richard L. Herzfeld, P.C., New York City ( Richard L. Herzfeld of counsel), for appellant.

David M. Hoover , District Attorney, Middletown ( Elizabeth L. Schulz and Andrew R. Kass of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

We hold that a defendant who asserts that he was deprived of his right to counsel when he pleaded guilty pro se is not barred from raising that claim in a motion under CPL 440.10 by his failure to raise it on direct appeal.

In 2008, defendant pleaded guilty...

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