Motion to Set Aside Assault Conviction Denied

Summary

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Where the defendant was convicted, based on his guilty plea, of assault and was sentenced to nine years in prison, he moved to vacate the judgment. The defendant claimed that the sentence was harsh and excessive, his plea was not sufficient and he received ineffective assistance of counsel.

Reviewing the facts in People v. Randall Hillyard, Acting Monroe County Court Judge John R. Schwartz denied the defendant's motion to vacate the conviction in all respects.

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Extract

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Motion to Set Aside Assault Conviction Denied

The Facts

The defendant, Randall Hillyard was convicted, based on his guilty plea, of Assault in the First Degree, Penal Law Section 120.10(1), and was sentenced to a nine-year determinate term. He moved, pursuant to Criminal Procedure Law (CPL) 440.40, to set aside ...

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