Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY J. MANGIARELLA, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of rape in the second degree (Penal Law § 130.30 [1] ). Defendant contends that he was denied effective assistance of counsel because his first attorney failed to resolve the case pursuant to a preindictment plea offer that would have resulted in a less severe sentence (see generally Lafler v. Cooper, _ U.S. _, _, 132 S Ct 1376, 1384–1385). Although that contention survives defendant's guilty plea inasmuch as he contends that his plea was infected by the alleged ineffective assistance (see People v. Peterson, 56 AD3d 1230, 1230), it involves matters outside the record on appeal, including “attorney-client consultations and the attorney's plea-bargaining strategy” (People v. Harmon, 50 AD3d 318, 319, lv denied 10 NY3d 935), and thus is properly raised by way of a motion pursuant to CPL 440.10 (see People v. Manor, 121 AD3d 1581, 1583; People v. Flowers, 309 A.D.2d 1237, 1238, lv denied 1 NY3d 571; People v. Bennett, 277 A.D.2d 1008, 1008, lv denied 96 N.Y.2d 780).
Frances E. Cafarell
Clerk of the Court
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: KA 13–01550
Decided: May 01, 2015
Court: Supreme Court, Appellate Division, Fourth Department.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)