Appellate Division of the Supreme Court of New York, 2011

People v. Vega

Appellate Division of the Supreme Court of New York · Decided October 25, 2011

88 A.D.3d 1022; 931 N.Y.2d 883

Cases that cite this one

21 later published cases cite this decision.

People v. Loaiza (Appellate Division of the Supreme Court of New York 2016)
People v. Armstead (Appellate Division of the Supreme Court of New York 2015)
People v. Illescas (Appellate Division of the Supreme Court of New York 2015)
People v. Duart (Appellate Division of the Supreme Court of New York 2014)
People v. Duart (Appellate Division of the Supreme Court of New York 2014)
People v. Barr (Appellate Division of the Supreme Court of New York 2014)
People v. Barr (Appellate Division of the Supreme Court of New York 2014)
People v. Graves (Appellate Division of the Supreme Court of New York 2012)
People v. Jeffery (Appellate Division of the Supreme Court of New York 2019)
People v. Ferguson (Appellate Division of the Supreme Court of New York 2016)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2014)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2014)
People v. Jones (Appellate Division of the Supreme Court of New York 2013)
People v. Jones (Appellate Division of the Supreme Court of New York 2013)
People v. Vega (Appellate Division of the Supreme Court of New York 2013)
People v. Vega (Appellate Division of the Supreme Court of New York 2013)
People v. Mahoney (Appellate Division of the Supreme Court of New York 2013)
People v. Mahoney (Appellate Division of the Supreme Court of New York 2013)
People v. Jones (Appellate Division of the Supreme Court of New York 2012)
People v. Jones (Appellate Division of the Supreme Court of New York 2012)
People v. Fully (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

At sentencing, the defendant, in effect, moved to withdraw his plea of guilty. The defendant’s right to counsel was adversely affected when his attorney, in effect, became a witness against him and took a position adverse to him with respect to the motion at sentencing (see People v Dixon, 63 AD3d 957, 957 [2009]; People v Bedoya, 53 AD3d 621, 621 [2008]; People v Armstead, 35 AD3d 624, 626 [2006]; People v Bryant, 22 AD3d 676, 677 [2005]). The Supreme Court should have assigned a different attorney to represent the defendant before it determined the *1023defendant’s motion to withdraw his plea of guilty (see People v Dixon, 63 AD3d at 957; People v Bedoya, 53 AD3d at 621). Accordingly, we remit the matter to the Supreme Court, Queens County, for a hearing on the defendant’s motion to withdraw his plea of guilty, for which the defendant shall be appointed new counsel, and for a new determination of the motion thereafter. We hold the appeal in abeyance pending receipt of the Supreme Court’s report. We express no opinion as to the merits of the defendant’s motion and we decide no other issues at this time. Rivera, J.E, Florio, Dickerson and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.