Notable Decisions and Other News

Decisions

Defendant Can Withdraw His Guilty Plea

10/29/2014

After Mr. Otigho pled guilty to first-degree assault, he was sentenced to 5 years in prison, to be served concurrently with an 8 year prison sentence he received for his trial conviction of attempted first-degree assault in a separate case. On January 8, 2014, the Appellate Division reversed Mr. Otigho’s conviction in the trial case and ordered a new trial.

Yesterday, the plea court granted Mr. Otigho’s C.P.L. §440.10 motion, vacating his guilty plea because the reversal of his trial conviction made it impossible to fulfill the promise of concurrent sentences.

Dina Zloczower litigated both cases.  

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