People v. Mitchell; People v. Deliser

Summary

The New York Court of Appeals addresses defendants’ right to effective assistance of counsel on motions to withdraw guilty pleas. It affirms the order in People v. Mitchell because new counsel was assigned after defense counsel opposed the motion, but reverses and remits in People v. Deliser because the court failed to assign new counsel after defense counsel took an adverse position.

Holdings

1. A defendant has a right to the effective assistance of counsel on a motion to withdraw a guilty plea.
2. When a motion to withdraw a guilty plea is patently insufficient on its face, the court may deny it without inquiry; otherwise, the motion court has broad discretion in conducting its fact-finding inquiry, and a limited interrogation will often suffice.
3. When defense counsel's actions or inaction are challenged in a motion to withdraw a plea, counsel may explain the performance, but counsel may not take a position on the motion adverse to the defendant.
4. Once defense counsel takes a position contrary to the defendant's position on a motion to withdraw a guilty plea, a conflict of interest arises and the court must assign a new attorney to represent the defendant on the motion.
5. The Mitchell motion court acted within its discretion by assigning new counsel after original counsel stated opposition to the motion, and denial of the motion after new counsel was heard was supported by the record.
6. The Deliser motion court abused its discretion by failing to assign new counsel after defense counsel took a position contrary to Deliser's position on the motion.

Questions Presented

1. Whether a defendant has a right to effective assistance of counsel on a motion to withdraw a guilty plea.
2. Whether defense counsel may take a position adverse to the defendant on a motion to withdraw a guilty plea.
3. Whether a court must assign new counsel when defense counsel takes a position adverse to the defendant on that motion.
4. Whether the motion courts properly handled Mitchell's and Deliser's plea-withdrawal motions.

Disposition

other