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Appeals, Attorneys, Criminal Law

Guilty Plea Forfeits All Ineffective Assistance Claims Except those Relating to Plea Bargain

The Second Department noted that a guilty plea forfeits all ineffective assistance claims except those related to the plea-bargaining:
…[T]o the extent that the defendant’s claim of ineffective assistance of counsel does not directly involve the plea-bargaining process, it was forfeited upon his plea of guilty …. ​People v Barrett, 2013 NY Slip Op 02410, 2011-04637, Ind No 1727/10, 2nd Dept 4-10-13

 

April 10, 2013
Tags: APPEALS, ATTORNEYS, GUILTY PLEAS, INEFFECTIVE ASSISTANCE, PLEA AGREEMENTS AND BARGAINS, Second Department, WAIVER OF NONJURISDICTIONAL DEFECTS (GUILTY PLEA)
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Criteria for Preemption by Martin Act Fraud Cause of Action in Legal Malpractice Case Sufficiently Pled
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