2022 NY Slip Op 05223
N.Y. App. Div.2022Background
- Crimes (assault and two robberies, weapon possession) occurred August 9, 2005; defendant tried and convicted in May–July 2007.
- Prosecutor offered a 14‑year plea on February 28, 2007; a 13‑year offer was made at a May 2, 2007 calendar call when defendant was not produced.
- Defendant proceeded to trial (May 30, 2007), was convicted, and received an aggregate 50‑year sentence (judgment affirmed on direct appeal).
- In January 2019 the defendant moved under CPL 440.10, claiming counsel never communicated the 13‑year offer and misadvised him about his maximum exposure.
- After a hearing the Supreme Court found the defendant’s testimony not credible (noting admissions of prior lies and delay in raising claim), credited defense counsel’s testimony about his practice of communicating offers and sentencing exposure, and denied the CPL 440.10 motion.
- Appellate Division affirmed the denial, concluding the defendant failed to meet the burden for an ineffective‑assistance/plea‑offer claim.
Issues
| Issue | People’s Argument | Samms’s Argument | Held |
|---|---|---|---|
| Whether counsel failed to inform Samms of a 13‑year plea offer | People: record lacks competent evidence; counsel’s practice was to notify clients | Samms: counsel never told him about the 13‑year offer | Court: Samms’s sole evidence was incredible self‑serving testimony; claim fails |
| Whether counsel misadvised Samms about his maximum sentencing exposure (prejudice) | People: no credible proof of misadvice; counsel testified he explained exposure and consecutive vs concurrent terms | Samms: would have accepted 13‑ or 14‑year plea if he’d known he faced 50 years | Court: defendant’s testimony not credible; delay undermines claim; no showing of reasonable probability of acceptance |
Key Cases Cited
- People v. Nicelli, 121 A.3d 1129 (App. Div. 2014) (lays out burden for plea‑offer ineffective assistance claims)
- Missouri v. Frye, 566 U.S. 134 (2012) (Sixth Amendment duty to communicate plea offers to defendant)
- People v. Bertolini, 186 A.D.3d 499 (App. Div. 2020) (self‑serving testimony may be insufficient to establish counsel’s failure to convey an offer)
- People v. Ferguson, 193 A.D.3d 1253 (App. Div. 2021) (credibility of defendant’s testimony is dispositive on postconviction plea‑offer claims)
- People v. Nixon, 21 N.Y.2d 338 (1968) (delay in raising claims can undermine credibility)
- People v. Samms, 83 A.D.3d 1099 (App. Div. 2011) (affirming the underlying conviction)