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People v. Jones

Vacatur of Disorderly Conduct Conviction Denied as Effective Assistance of Counsel Shown

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DECISION AND ORDER

*1  The Defendant, Dwight Jones, pleaded guilty to Disorderly Conduct (Penal Law §240.20) in New York County Criminal Court on August 18, 1994. The Defendant has moved to vacate that conviction pursuant to Criminal Procedure Law (“CPL”) §440.10, and argues that he was deprived the effective assistance of counsel in entering this plea, in violation of his state and federal constitutional rights to counsel. The People oppose this motion. For the following reasons, the Defendant’s motion to vacate his conviction is DENIED.BackgroundThe facts that formed the basis for the instant conviction are alleged to have transpired on January 14, 1994. On that date, Police Officer David Lopez of the New York City Police Department states that he “knocked on an apartment door at [60 Amsterdam Avenue in the County and State of New York] and defendant [Dwight Jones] answered holding what appeared to be a rifle and pointing said rife at [Officer Lopez].” Offer Lopez states in the Complaint that he “later[] became aware that the rifle was an imitation weapon.”

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