A state appeals court vacated two criminal sentences on Tuesday for ineffective assistance of counsel, ordering a new trial for one man whose attorney failed to object to hearsay evidence, and a resentencing for another man whose attorney failed to challenge the constitutionality of a prior conviction.
A unanimous Appellate Division, First Department panel ordered a new trial for Austen Ugweches, who was convicted of assaulting a police officer with his vehicle in 2009. Manhattan Supreme Court Justice Eduardo Padro (See Profile) had sentenced him to six months in prison concurrent with five years’ probation.
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