In what circumstances will a defendant have to plead guilty to a charge of sexual assault to satisfy the prejudice requirement?
"New York", United States of America
The following excerpt is from People v. Olecski, 57 Misc.3d 698, 59 N.Y.S.3d 888 (N.Y. Crim. Ct. 2017):
has pled guilty, in order to satisfy the prejudice requirement, she "must show that there is a reasonable probability that, but for counsel's errors, [she] would not have pleaded guilty and would have insisted on going to trial." Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985).
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