440 Motion Erroneously Denied & Hearing Ordered
Appellate counsel filed a 440 motion to vacate the conviction, claiming ineffective assistance of trial counsel. The motion claimed trial counsel failed to conduct an appropriate investigation to determine whether pretrial motions concerning search warrants should be made, and failed to advise Mr. Tindley of potential challenges to the legality of the search warrants before he pled guilty. The Appellate Division reversed the order denying the motion without a hearing, remitted for further proceedings, and directed that the People be ordered to provide defense counsel, prior to the hearing, with copies of the search warrant materials at issue. 440 Hearing Ordered.
Ava C. Page represented Mr. Tindley