NY Supreme Court reduces CAL client's sentence for first-degree manslaughter from 25 to 15 years


Mr. O was convicted, after trial, of first-degree manslaughter in 2019 and sentenced to 25 years in prison. CAL filed a 440.10 motion arguing that Mr. O’s attorney was ineffective for failing to effectively negotiate a plea because she incorrectly believed Mr. O was a mandatory persistent violent felony offender based on prior out of state convictions and thus subject to a mandatory indeterminate life sentence. As CAL argued, those out-of-state convictions had no qualifying New York equivalents and could not be used to enhance Mr. O's sentence. The Bronx District Attorney’s Office conceded that Mr. O’s attorney was ineffective and, after negotiation, consented to a resentence of 15 years. CAL attorney Bryan Furst represented Mr. O.