People v. Josue Deliser


AD2 order dated June 21, 2011, affirming judgment of conviction. Decision below: 85 AD3d 1047, 925 NYS2d 882. Jones, J., granted leave June 1, 2012. Argued May 2, 2013.
ISSUE PRESENTED: Whether defense counsel was ineffective for taking a position adverse to his client upon defendant’s unsuccessful pro se motion to withdraw his guilty plea. (Assigned counsel: Winston McIntosh and Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10th Floor, NYC 10006.)

IAC for taking position adverse to client on plea withdrawal motion