People v. Gordon, 68 N.Y.2d 924 (1986)

A defendant is entitled to a hearing on a motion to vacate a conviction based on ineffective assistance of counsel due to a conflict of interest, when the motion is supported by non-record facts that, if established, could entitle the defendant to relief.

Summary

Defendant Gordon moved to vacate her conviction for criminal possession of a controlled substance, arguing ineffective assistance of counsel due to a conflict of interest, inadequate advisement about the conflict, and deficient trial performance. Her motion included a personal affidavit with facts not in the original trial record. The New York Court of Appeals held that the lower courts erred in denying the motion without a hearing because the non-record facts, if proven, could justify vacating the conviction. The case was remitted for a hearing to determine the validity of the defendant’s claims.

Facts

Defendant was convicted of criminal possession of a controlled substance in the first degree. After her conviction, she filed a motion to vacate the judgment under CPL Article 440. In her motion, Gordon claimed that her trial counsel had a conflict of interest that negatively impacted his representation. She also argued that her counsel did not adequately explain the nature of this alleged conflict, nor did he properly advise her of her right to seek alternative legal representation. Gordon’s motion included a personal affidavit containing facts not previously presented during the trial or in her direct appeal.

Procedural History

The Supreme Court, Queens County, initially denied the defendant’s motion to vacate her conviction. The Appellate Division affirmed this denial. The defendant appealed to the New York Court of Appeals. An earlier appeal from an order of the Appellate Division was deemed subsumed in the later appeal.

Issue(s)

Whether the lower courts erred in denying the defendant’s motion to vacate her conviction for ineffective assistance of counsel, without holding a hearing, when the motion was supported by a personal affidavit containing non-record facts that, if established, could entitle her to the relief sought.

Holding

Yes, because the defendant’s affidavit presented non-record facts that, if proven, could establish that her trial counsel’s conflict of interest deprived her of her right to effective assistance of counsel, thus warranting a hearing to determine the merits of her claim.

Court’s Reasoning

The Court of Appeals held that the defendant was entitled to a hearing on her CPL Article 440 motion because her personal affidavit presented “nonrecord facts” that were “material and if established could entitle defendant to the relief sought.” The court cited People v. Jenkins, 68 N.Y.2d 896 and People v. Satterfield, 66 N.Y.2d 796, as precedent for the proposition that a hearing is required when a post-conviction motion is based on factual allegations outside the trial record that could support a finding of ineffective assistance of counsel. The court reasoned that without a hearing, the lower courts could not properly assess the validity of the defendant’s claims regarding the alleged conflict of interest and its impact on her legal representation. The decision emphasizes the importance of allowing defendants to present evidence supporting claims of ineffective assistance, particularly when those claims rely on facts not apparent in the original trial record. The ruling ensures that defendants have a meaningful opportunity to challenge their convictions when they allege that their constitutional right to effective counsel was violated due to circumstances outside the scope of the trial proceedings. The court did not elaborate on the specific content of the affidavit, but the decision’s practical effect is to require lower courts to investigate such claims when supported by credible, non-record factual allegations.