People v. Lewis

45 Misc. 3d 396, 989 N.Y.S.2d 590
New York Supreme Court·Decided July 11, 2014·Published·Cited by 2 cases

Opinion

OPINION OF THE COURT

Richard Lee Price, J.

By motion submitted January 7, 2014, defendant moved to vacate his conviction pursuant to Criminal Procedure Law § 440.10 (1) (h) on the basis that he was denied effective assistance of counsel in violation the Sixth Amendment of the United States Constitution and article I, § 6 of the New York State Constitution. By decision dated March 19, 2014, this court denied defendant’s motion. This expands that decision.

I. Background and Procedural History

On May 11, 1985, the defendant was brought to Montefiore Hospital for an illness. Upon arriving, the defendant informed both a nurse and a hospital security guard that he had a gun in his bag. The defendant was arrested and charged with possessing a loaded and defaced firearm. On May 23, 1985, the grand jury returned a true bill charging defendant by way of indictment with two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [3], [4]).

On January 21, 1986, judgment was entered against the defendant in Supreme Court, Bronx County (Goldfluss, J.), convicting him upon his plea of guilty on December 31, 1985, to one count of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), a violent felony offense, and sentencing him as a prior felony offender

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People v. Lewis, 45 Misc. 3d 396, 989 N.Y.S.2d 590 (N.Y. Super. Ct. 2014).

45 Misc. 3d 396 (People v. Lewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Lewis
129 A.D.3d 637 (Appellate Division of the Supreme Court of New York, 2015)