Appellate Division of the Supreme Court of New York, 2011

People v. Fully

Appellate Division of the Supreme Court of New York · Decided December 27, 2011

90 A.D.3d 1071; 934 N.Y.2d 832; 2011 NY Slip Op 9668; 934 N.Y.S.2d 832; 2011 N.Y. App. Div. LEXIS 9472

Cases that cite this one

13 later published cases cite this decision.

People v. Fully (Appellate Division of the Supreme Court of New York 2013)
People v. Fully (Appellate Division of the Supreme Court of New York 2013)
People v. Pointer (Appellate Division of the Supreme Court of New York 2023)
People v. Howell (Appellate Division of the Supreme Court of New York 2017)
People v. Ferguson (Appellate Division of the Supreme Court of New York 2016)
People v. Fully (Appellate Division of the Supreme Court of New York 2015)
People v. King (Appellate Division of the Supreme Court of New York 2015)
People v. King (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. Duart (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. Graves (Appellate Division of the Supreme Court of New York 2012)

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

Prior to sentencing, the defendant moved to withdraw his plea of guilty. The Supreme Court assigned a new attorney to represent the defendant at a hearing on the defendant’s motion, but, at the hearing, the new attorney stated on three occasions that it was his “professional” or “knowledgeable” opinion that the defendant’s motion was without merit. As the People correctly concede, the defendant’s right to counsel was adversely affected when his new attorney took a position adverse to the defendant’s with respect to the defendant’s motion (see1 People v Vega, 88 AD3d 1022 [2011]; People v Dixon, 63 AD3d 957 [2009]; People v Bedoya, 53 AD3d 621 [2008]). Accordingly, we must remit the matter to the Supreme Court, Richmond County, for a new 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 defend*1072ant’s motion and we decide no other issues at this time. Skelos, J.P., Leventhal, Belen and Roman, JJ., concur.

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