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PEOPLE v. DODSON

No. 144 SSM 31.

30 N.Y.3d 1041 (2017)

89 N.E.3d 1254

67 N.Y.S.3d 574

2017 NY Slip Op 08171

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP A. DODSON, Appellant.

Court of Appeals of New York.

Decided November 21, 2017.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Nancy Gilligan of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to County Court for further proceedings in accordance with this memorandum.

At a sentencing hearing following his guilty plea, defendant asked for a new attorney to advise him on whether to move to withdraw his plea before sentence was imposed. Defendant's request was supported by specific allegations regarding counsel's performance (see...

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