440 Motion Denial on Procedural Grounds Reversed
April 9, 2014
The Appellate Division reversed the trial court’s denial of Mr. Mentor’s 440 motion on procedural grounds, explaining that the his claim of ineffective assistance of counsel could not have been raised on direct appeal, but was properly raised in a 440 motion.
The court remitted the case for determination of the motion on the merits.
Alexis Ascher briefed and argued this case.