People v. Fatiu
| Decision Date | 08 February 2018 |
| Docket Number | 106821 |
| Citation | 71 N.Y.S.3d 182,158 A.D.3d 890 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jahi D. FATIU, Appellant. |
| Court | New York Supreme Court — Appellate Division |
158 A.D.3d 890
71 N.Y.S.3d 182
The PEOPLE of the State of New York, Respondent,
v.
Jahi D. FATIU, Appellant.
106821
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: January 17, 2018
Decided and Entered: February 8, 2018
Jay L. Wilber, Public Defender, Binghamton (Nathan E. Schwartzman of counsel), for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Rumsey, J.
Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.), rendered April 3, 2014, convicting defendant upon his plea of guilty of the crimes of assault in the second degree and attempted criminal possession of a controlled substance in the third degree.
In 2012, defendant was charged in an indictment with a number of crimes, the most serious of which was assault in the second degree, as the result of an incident in which he left the scene of a motor vehicle accident and punched a police officer while attempting to evade arrest. In 2013, he was found to be in possession of a quantity of heroin and was charged in another indictment with criminal possession of a controlled substance in the third degree. In satisfaction of both indictments, defendant pleaded guilty to assault in the second degree and attempted criminal possession of a controlled substance in the third degree. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to three years in prison followed by five years of postrelease supervision on the assault conviction and three years in prison followed by two years of postrelease supervision on the controlled substance conviction, which sentences were to run concurrently. County Court specifically advised defendant that if he committed any other crimes prior to sentencing, it would not be bound by the sentencing commitment and could substantially enhance the
sentence. Prior to sentencing, defendant was arrested and charged with criminal possession of a controlled substance...
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People v. Griffin
...effectiveness, we find that defendant was afforded meaningful representation in connection with his guilty plea (see People v. Fatiu, 158 A.D.3d 890, 891, 71 N.Y.S.3d 182 [2018] ; People v. Brown, 154 A.D.3d 1004, 1006, 61 N.Y.S.3d 717 [2017], lv denied 30 N.Y.3d 1113, 77 N.Y.S.3d 338, 101 ......
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People v. Torres
...contention that the grand jury instructions were legally deficient is similarly foreclosed by his guilty plea (see People v Fatiu, 158 A.D.3d 890, 891 [2018]; People v Rapp, 133 A.D.3d 979, 979 [2015]). Defendant next asserts that his trial counsel "took the easy way out by recommending tha......
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People v. Torres
...... 89 A.D.2d 745, 747 [1982]; compare People v Legrand,. 194 A.D.3d 1073, 1074-1075 [2021], lv denied 37. N.Y.3d 972 [2021]). Defendant's contention that the grand. jury instructions were legally deficient is similarly. foreclosed by his guilty plea (see People v Fatiu,. 158 A.D.3d 890, 891 [2018]; People v Rapp, 133. A.D.3d 979, 979 [2015]). . . Defendant. next asserts that his trial counsel "took the easy way. out by recommending that [he] plead guilty.. rather than. contest the allegations of the indictment" ......
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People v. Torres, 109355
...in the record before us to support defendant's assertion that he received the ineffective assistance of counsel (see People v. Fatiu, 158 A.D.3d 890, 891, 71 N.Y.S.3d 182 [2018] ). To the extent that defendant's contention regarding the effective assistance of counsel is premised on matters......