PEOPLE v. ALLEN

2016-02341. Ind. No. 3572/94.

174 A.D.3d 815 (2019)

102 N.Y.S.3d 880

2019 NY Slip Op 05784

The People of the State of New York, Respondent, v. Derrick Allen, Also Known as Johnathan Holland, Appellant.

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

Decided July 24, 2019.


Ordered that the order is affirmed.

The defendant contends that the Supreme Court erroneously denied, without a hearing, his motion pursuant to CPL 440.10 to vacate his judgment of conviction on the ground that he was denied the effective assistance of counsel. According to the defendant, one of his attorneys misadvised him of the maximum prison sentence exposure, causing him to reject favorable plea offers.

The defendant's claim of ineffective assistance...

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