THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LEYDEN GREEN, Appellant.
Appellate Division of the Supreme Court of New York, Third Department
60 NYS3d 712 | 150 AD3d 1518
Decided June 1, 2017
Defendant was charged in two indictments with various drug-related crimes arising from his sale of heroin to undercover police and the execution of a search warrant at his home. Defendant moved pursuant to
Initially, defendant contends that he was denied the effective assistance of counsel because his counsel failed to follow the procedure prescribed by
Defendant further argues that his counsel was ineffective in abandoning his request for a Mapp hearing and recommending that he enter a guilty plea when defendant was not in the proper state of mind. Although clearly impacting the voluntariness of his guilty plea, this claim is also unpreserved given that the record does not disclose that defendant made an appropriate postallocution motion (see People v Cooks, 150 AD3d 1323, 1324 [2017]; People v Hankerson, 147 AD3d 1153, 1153 [2017], lv denied 29 NY3d 998 [2017]; People v Cox, 146 AD3d 1154, 1155 [2017]). Nevertheless, we find that the narrow exception to the preservation rule was triggered by defendant‘s
Garry, J.P., Egan Jr., Devine and Rumsey, JJ., concur.
Ordered that the judgment is affirmed.
AARONS, J.
