PEOPLE v. AGARD

4234/09, 14909, 14908

127 A.D.3d 602 (2015)

8 N.Y.S.3d 125

2015 NY Slip Op 03401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENITH AGARD, Appellant.

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

Decided April 23, 2015.


Order, Supreme Court, New York County (Renee A. White, J.), entered on or about September 23, 2011, which denied defendant's CPL 440.20 motion to set aside his sentence, unanimously reversed, on the law, the motion granted and the matter remanded for a new second violent felony offender adjudication and sentencing.

Defense counsel rendered ineffective assistance at the underlying sentencing proceeding by failing to ascertain that, in violation of People v Catu...

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