Court of Appeals of New York

In this case, defendant was charged in 2010 with a felony under Vehicle and Traffic Law section 1193(1)(c)(i) for driving while intoxicated after having been convicted of such a crime within the preceding 10 years. Defendant thereafter moved in Town Court to withdraw his guilty plea to a 2008 misdemeanor charge of driving while intoxicated, on grounds that he was deprived of his right to counsel at the 2008 court proceeding, as he had not been represented by counsel, had not been advised of his right to appeal, and had not taken an appeal. The order of the Appellate Term denying defendant's motion is reversed, where a defendant who asserts that he was deprived of his right to counsel when he pleaded guilty pro se is not barred from raising that claim in a motion under CPL 440.10 by his failure to raise it on direct appeal.

Appellate Information

• Decided 11/18/2014
• Published 11/18/2014

Judges

• Smith

Court

• Court of Appeals of New York

Counsel