People v. Gladstone

Appellate Division of the Supreme Court of New York

People v. Gladstone

239 A.D.2d 206, 658 N.Y.S.2d 7, 1997 N.Y. App. Div. LEXIS 5275

Appellate Division of the Supreme Court of the State of New York·Decided May 13, 1997·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.

The existing record, which defendant has not amplified by way of a motion to vacate the judgment, belies defendant’s claim of ineffective assistance of counsel, since the record shows that defense counsel discussed defendant’s various legal rights with him (see, People v Love, 57 NY2d 998, 1000). Defense counsel procured an extremely favorable plea bargain for defendant (see, People v Ford, 86 NY2d 397, 404), and defendant was well-advised to accept the generous offer prior to a determination on his motion to suppress, since a denial of the motion could have led to withdrawal of the offer (People v Strempack, 71 NY2d 1015). Concur—Ellerin, J. P., Wallach, Rubin and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.

The existing record, which defendant has not amplified by way of a motion to vacate the judgment, belies defendant’s claim of ineffective assistance of counsel, since the record shows that defense counsel discussed defendant’s various legal rights with him (see, People v Love, 57 NY2d 998, 1000). Defense counsel procured an extremely favorable plea bargain for defendant (see, People v Ford, 86 NY2d 397, 404), and defendant was well-advised to accept the generous offer prior to a determination on his motion to suppress, since a denial of the motion could have led to withdrawal of the offer (People v Strempack, 71 NY2d 1015). Concur—Ellerin, J. P., Wallach, Rubin and Mazzarelli, JJ.

People v. Gladstone, 239 A.D.2d 206, 658 N.Y.S.2d 7, 1997 N.Y. App. Div. LEXIS 5275 (N.Y. Ct. App. 1997).

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Opinion

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