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People v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1997
242 A.D.2d 387 (N.Y. App. Div. 1997)

Opinion

August 25, 1997

Appeal from the Supreme Court, Richmond County (Rienzi, J.).


Ordered that the judgment is reversed, on the law, and matter is remitted to the Supreme Court, Richmond County, for a new hearing on the defendant's motion to withdraw his plea of guilty, on which motion the defendant's appellate counsel shall represent him.

The record shows that in response to the defendant's pro se motion to withdraw his plea of guilty on the basis, inter alia, of ineffective assistance of counsel, the defense counsel emphasized the strength of the evidence against his client, the highly favorable plea agreement he had helped negotiate on his client's behalf, and that his client had indicated on the record at the plea proceeding that he was, in fact, satisfied with the services which had been rendered by assigned counsel. "Under these circumstances, the `defendant's right to counsel was adversely affected when his attorney * * * became a witness against him' and the court `should not have proceeded to determine the motion without first assigning the defendant new counsel"' (People v. Jones, 223 A.D.2d 559, quoting People v Santana, 156 A.D.2d 736, 737; see, People v. Rozzell, 20 N.Y.2d 712). Thus, the matter is remitted for a new hearing on the defendant's motion to withdraw his plea of guilty, on which motion the defendant's appellate counsel shall represent him.

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

People v. Bernard

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 1997
242 A.D.2d 387 (N.Y. App. Div. 1997)
Case details for

People v. Bernard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER BERNARD…

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

Date published: Aug 25, 1997

Citations

242 A.D.2d 387 (N.Y. App. Div. 1997)
662 N.Y.S.2d 129

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