New York Criminal Lawyer Blog
An appeal was filed by the state for the denial of the court of its motion for summary judgment to dismiss the claim of the claimant who maintained an action for wrongful conviction. A New York Sex Crimes Lawyer said the court reviewed the records of the case and found insufficient evidence that would support the claimant’s allegation of unjust conviction for the charge of attempted rape in the first degree. Although it was noted by the court that the counsel of the accused had difficulty communicating with him, such concern did not result to his lawyer’s unwillingness and inability to represent and forward his interest during the trial. The ground of ineffective assistance of an attorney is not proper for a claim of unjust conviction.
Based on the law applied, the grant of the claim for unjust conviction against the state, the claimant must establish that the “the judgment was procured by duress, misrepresentation or fraud on the part of the court or a prosecutor or a person acting for or in behalf of a court or a prosecutor.” The indictment of the respondent must prove before the court of claims that there was coercion or fraud used by the court to obtain hiss plea of guilty to the crime charged against him. A New York Sex Crimes Lawyer said there must be clear showing in the statement of facts that would establish his innocence or the conviction was caused by his own conduct alone, otherwise, his claim must be dismissed.
The claimant presented a document evidencing that he entered a plea of guilty for a lower offense of attempted rape instead of charging him with graver sex crimes like sodomy and sexual abuse. But, later on, the felon withdraw his plea of guilty on account that he made it involuntarily and because of the colossal pressure and coercion placed on him by his legal aid counsel. The court found the allegations of the claimant to be distorted and self-serving as revealed by the records of the case.
The proceedings showed that the defendant was already contemplating the plea of guilty to the sex crime prior to the start of the trial and he was at fault for the failure to communicate and cooperate properly with his legal aid counsels. A Nassau County Sex Crimes Lawyer said it was not the court that made the duress, misrepresentation or fraud that lead him to plead guilty for a lesser charge and more so it cannot be established that his attorney put pressure on him to the guilty plea. In addition, the claimant was given ample amount of time to discern his options of whether to proceed with the trial or availed of the plea of guilty for a lesser charge.
The court of claims, in granting the claim of the respondent, based its judgment upon the refusal of the court to substitute his lawyer that amounted to coercion of the court, hence, satisfying their decision of claim of unlawful conviction.
The appellate court found the basis to be without merit upon the finding in the records of the case that there were no coercive measures brought upon the court and legal aid defense attorneys that resulted to the unwilling plea of guilty made by the claimant. In fact, it can be duly established that it was the rape offender who was responsible for choosing the option to plead guilty for a lesser offense than to proceed with the trial. A Queens Sex Crimes Lawyer said the ineffectiveness of the counsel was due to the defendant’s uncooperativeness and prevarication with his lawyer and the court merely provided the claimant reasonable assessment of the effects of the two options that were presented and available to him.
In view of the foregoing law and facts, the court granted the appeal of the state and reversed the order of the court of claims for the denial of the motion to dismiss the claim and the grant of the claimant’s leave to amend his claim, thus, the claim was dismissed.
Stephen Bilkis and Associates also give legal aids and assistance, through its criminal lawyers, as mandated by statutes and as ordered by the courts. Rest assured all our criminal attorneys serve the interest of its client in presenting all available legal remedies provided by the statutes and the court procedural rules in the conduct of their duties as defense counsels.