Appellate Division of the Supreme Court of the State of New York December 27, 2011 (People v. Fully)

Prior to sentencing, the defendant moved to withdraw his plea of guilty. The Supreme Court assigned a new attorney to represent the defendant at a hearing on the defendant’s motion, but, at the hearing, the new attorney stated on three occasions that it was his “professional” or “knowledgeable” opinion that the defendant’s motion was without merit.