People v. Dodson

Appellate Division of the Supreme Court of New York

People v. Dodson

79 A.D.2d 976, 434 N.Y.S.2d 453, 1981 N.Y. App. Div. LEXIS 9861

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1981

StatusPublished

Cited by2 cases

This text of 79 A.D.2d 976 (People v. Dodson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dodson, 79 A.D.2d 976, 434 N.Y.S.2d 453, 1981 N.Y. App. Div. LEXIS 9861 (N.Y. Ct. App. 1981).

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Opinion

Appeal by defendant (by permission) from an order of the Supreme Court, Kings County, dated February 1,1980, which denied, without a hearing, her motion pursuant to CPL 440.10 (subd 1, par [h]) to vacate a prior judgment of the same court. Order reversed, on the law, and matter remitted to Criminal Term for a hearing. Defendant contends that she was deprived of the effective assistance of counsel when her lawyer failed to inform her of her right to seek to interpose a statutory claim of former jeopardy under CPL 40.20 and 40.30. Defendant pleaded guilty to certain State charges and thereby waived her statutory right to claim that she had previously been prosecuted for the same offense in the Federal courts (People v Dodson, 65 AD2d 962, mod 48 NY2d 36). We conclude, and on appeal the People concede, that a hearing

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Appeal by defendant (by permission) from an order of the Supreme Court, Kings County, dated February 1,1980, which denied, without a hearing, her motion pursuant to CPL 440.10 (subd 1, par [h]) to vacate a prior judgment of the same court. Order reversed, on the law, and matter remitted to Criminal Term for a hearing. Defendant contends that she was deprived of the effective assistance of counsel when her lawyer failed to inform her of her right to seek to interpose a statutory claim of former jeopardy under CPL 40.20 and 40.30. Defendant pleaded guilty to certain State charges and thereby waived her statutory right to claim that she had previously been prosecuted for the same offense in the Federal courts (People v Dodson, 65 AD2d 962, mod 48 NY2d 36). We conclude, and on appeal the People concede, that a hearing

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Bluebook (online)

79 A.D.2d 976, 434 N.Y.S.2d 453, 1981 N.Y. App. Div. LEXIS 9861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dodson-nyappdiv-1981.

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