Opinion

People v. Fashaw

  • 148 A.D.3d 1051
  • 48 N.Y.S.3d 619
Court
New York Supreme Court
Filed
Mar 22, 2017
Status
Published
On the bench
Barros, Chambers, Lasalle, Roman
Cited by
0 cases
Authority
More cited than 4.9%

The opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 16, 2011, convicting him of assault in the second degree and resisting arrest, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was invalid (see People v Salgado, 111 AD3d 859 [2013]; People v Nugent, 109 AD3d 625 [2013]; People v Gheradi, 68 AD3d 892, 893 [2009]; People v Boustani, 300 AD2d 313, 314 [2002]).

The defendant was not deprived of the effective assistance of counsel (see Strickland v Washington, 466 US 668 [1984]; People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]; People v Brown, 135 AD3d 870 [2016]).

Although the defendant’s purported waiver of his right to appeal does not preclude review of his remaining contentions, those contentions are unpreserved for appellate review, and we decline to reach them in the exercise of our interest of justice jurisdiction.

Chambers, J.P., Roman, LaSalle and Barros, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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