People v. Jose Garcia, 4050-06
Adhering to the strict requirements of Padilla, Supreme Court, Kings County, Part 33 holds that where, as here, defendant is found in fact to have been misled by bad advice from a so-called retained specialist and by a lack of advice from his defense attorney, the Court’s general warning will not automatically cure counsel’s failure nor erase the consequent prejudice.Under both the federal two-prong Strickland standard and the New York rule of meaningful representation, defendant has succeeded in establishing his ineffective assistance of counsel claim.
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