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The People of the State of New York v. M.M.

The defendant filed this appeal regarding his guilty plea of criminal possession of a controlled substance in the 5th degree. The court initially agreed with the defendant that his waiver of an appeal was invalid.

The defendant argues that the court failed to assign him new counsel at his sentencing hearing. The court disagrees. The court states that this argument is invalid because the defendant didn’t make an adequate case asking for new counsel. Therefore, the court didn’t err in failing to conduct an inquiry whether good cause was shown to substitute counsel (People v Mathews 142 AD3d 1354, People v Singletury 63 AD3d 1654, 1655 [4th Dept. 2009].

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The issue in this proceeding is whether a claim for innocence lies under CPL 440.10(1)(h) to vacate a judgment of conviction based on the defendant’s guilty plea. The court felt that the defendant’s pleas of innocence is not adequate grounds for relief.

The defendant is a nurse who was a caregiver for the victim. The victim is a disabled 10-year-old girl, who is blind, immobile and unable to speak. The defendant bathed the girl using a hand-held shower device. When she applied lotion to the girl’s legs after a shower, she noticed her skin was red and peeling.

The defendant called the girls parents who took her to the doctor. The doctor initially determined that that the victim had had an adverse reaction to medication. She was then referred to a hospital. At the second medical facility, it was determined that her condition was due to third-degree burns, which required skin grafts.

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People v. AA

June 5, 2018

This appeal is from a judgment of the Supreme Court of New York County rendered on June 13, 2016. The defendant was convicted by a jury of two counts of second-degree criminal possession of a weapon. He was sentenced as a second violent felony offender to ten years. There are three judgments that took place subsequently in the same court with the same judge. The defendant was convicted of second-degree use of drug paraphernalia, fourth-degree conspiracy and third-degree sale of a controlled substance. As a result, his probation was revoked, and he was sentenced to two concurrent ten-year sentences.

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People for the State of New York v. T.W.

NY Slip Op. 02210

When T was a minor, she and another man sexually assaulted a 15-year-old girl. She plead guilty to 1st Degree sexual abuse (a Class D Felony). The Supreme Court said that in the interest of justice, her conviction should be vacated, and she should be sentenced under Penal Law 60.02. She received 10 years probation. The defendant appealed, arguing that the sentence exceeded the maximum for an undesignated Class E Felony.

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