Prisoner Wins Bid to Argue Ineffective Assistance Claim
A prisoner who turned down a plea deal for 10 years and went to trial only to be sentenced to 40 years behind bars has been given the chance to argue ineffective assistance by the Second Circuit, which held the procedural bar that caused a state court and a Northern District judge to deny the man's motions did not apply.
September 18, 2015 at 07:28 PM
4 minute read
A prisoner who turned down a plea deal for 10 years and went to trial only to be convicted and sentenced to 40 years behind bars has been given the chance to argue ineffective assistance of counsel.
Derrick Fulton said his attorney “failed to discuss” the pros and cons of the 10-year plea offer and gave him “no guidance” on whether to take the offer or go to trial on burglary and robbery charges in Oneida County. Fulton, who was convicted following a three-day trial in 2008, was sentenced as a second felony offender.
Fulton, 39, lost his appeal at the Appellate Division, Fourth Department, and then tried to have his conviction vacated by the trial court under CPL §440.10(2)(c), based on the alleged ineffective assistance of his counsel, Oneida County public defender Leland McCormac.
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