Virtual LOOP
Saturday, March 07, 2009
 

"any chances to prevail on a 440 motion?"

Do you have a choice? 

It is a tough row to hoe Joe, but it may be your only chance to save his license. If he is good at what he does, and it isn't the underlying reason for the crime, (Like a pediatrician and child sex abuse) then you are already inside the ball park. There is a stream of cases that hold that the collateral consequences do not have to be explained in an allocution. There are a few scattered ones that go in your favor. Start with looking at People v. Ford, 86 N.Y.2d 397 (N.Y. 1995) which goes against you on the issue of failing to advise however People v. Benvenuto 657 N.Y.S.2d 606 (1997) works with you on counsel's failure to pursue a cogent defense and to take advantage of hearings and discovery. It is distinguishable but it may help. 

BTW If any of you are interested in getting FULL research (all states, all fed, all statutes) as well as a bunch of case organizing features, for about 1/100th of the price of West, check out this offer. It is good until March 17th and gives you TWO USERS FOR THE PRICE OF ONE. So you and associate or colleague can share the use for about Twenty Five Dollars a month. I know that it says you can sign up until today but I spoke to the owner and if you use the code: AE000001 in the promo code box    you can sign up until March 17.  By the way, you also get a great case management tool with the sign up as part of the package. I really like this thing.

Good luck all,

Tony Colleluori

Saturday, March 07, 2009 12:03:33 PM (Eastern Standard Time, UTC-05:00) | Comments [0] | #
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