[DOWNLOAD] "People & C. v. Victor K. Modica" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People & C. v. Victor K. Modica
- Author : Court of Appeals of New York
- Release Date : January 07, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The voluntariness of defendant's plea involves a mixed question of law and fact beyond the review powers of this Court (People
v Harrison, 57 N.Y.2d, 477). Moreover, the mistake of counsel with respect to minimum sentence does not rise to the level
of ineffective assistance of counsel, the test being "reasonable competence," not perfect representation (People v Baldi,
54 N.Y.2d 137, 146), there being no question that the bargain-for sentence, though not in fact the minimum, was substantially less than
the maximum, and no question that the Trial Judge and both attorneys were laboring under the same misapprehension.
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