New York Court of Appeals, 2005

People v. Fernandez

New York Court of Appeals · Decided September 13, 2005

5 N.Y.3d 813; 836 N.E.2d 1144

Cases that cite this one

31 later published cases cite this decision. The 25 that cite it most often are listed here.

Goldberg v. Tracy (District Court, E.D. New York 2008)
People v. Campbell (Appellate Division of the Supreme Court of New York 2024)
People v. Campbell (Appellate Division of the Supreme Court of New York 2024)
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. Brunson (Appellate Division of the Supreme Court of New York 2009)
People v. Goldberg (Appellate Division of the Supreme Court of New York 2006)
People v. Rodriguez-Rivera (Appellate Division of the Supreme Court of New York 2022)
People v. Spencer (Appellate Division of the Supreme Court of New York 2020)
People v. Degree (Appellate Division of the Supreme Court of New York 2020)
People v. Rudolph (Appellate Division of the Supreme Court of New York 2019)
People v. Nitchman (Appellate Division of the Supreme Court of New York 2019)
People v. Vargas (Appellate Division of the Supreme Court of New York 2019)
People v. Brett W. (Appellate Division of the Supreme Court of New York 2016)
People v. Sposito (Appellate Division of the Supreme Court of New York 2016)
People v. Sposito (Appellate Division of the Supreme Court of New York 2016)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2015)
People v. Maldonado (Appellate Division of the Supreme Court of New York 2015)
GILMER, TEDDERICK A., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Gilmer (Appellate Division of the Supreme Court of New York 2014)
People v. Gilmer (Appellate Division of the Supreme Court of New York 2014)
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. Lagas (Appellate Division of the Supreme Court of New York 2013)
People v. Lagas (Appellate Division of the Supreme Court of New York 2013)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed, should be affirmed.

Here, the parties agree that to prevail on his claim that he was denied effective assistance of counsel, defendant had the burden to demonstrate “that a plea offer was made, that defense counsel failed to inform him of that offer, and that he would have been willing to accept the offer” (People v Rogers, 8 AD3d 888, 890-891 [3d Dept 2004]). Defendant failed to meet that burden. Assuming that such an offer was made, defendant proffered nothing to substantiate his claim that he would have accepted the plea. Defendant’s self-serving statement that he would have accepted the plea despite his claimed innocence, without more, is insufficient to warrant a hearing in light of the similar plea offer he rejected days before and trial counsel’s affirmation that at the time of the alleged offer he believed the charges would likely be dismissed because the People could not locate a necessary witness.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

*815On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed in a memorandum.

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