People v. Bank

Defendant was charged with multiple criminal accounts stemming from the deaths of two people after Defendant drove the wrong way on an interstate while operating his car under the influence. The court found Defendant guilty of two counts of manslaughter in the second degree and vehicular manslaughter in the first degree, among other offenses. The Appellate Division affirmed. Defendant later filed a motion seeking to vacate the judgment of the conviction on the ground that his attorney provided ineffective assistance because counsel mistakenly believed that Defendant’s potential sentences on each count were statutorily required to run consecutively and that no plea offer was conveyed to him as a result of his counsel’s erroneous advice. County Court denied Defendant’s motion. The Appellate Division unanimously affirmed. The Court of Appeals affirmed, holding (1) Defendant’s attorney incorrectly advised Defendant that he was subject to mandatory consecutive sentences, but there was no possibility that a reduced plea would have been offered to Defendant; and (2) as to Defendant’s direct appeal, his claim that defense counsel should have put on a different expert to testify as to Defendant’s mental health was without merit. View "People v. Bank" on Justia Law