After entering a guilty plea, David Harrington filed a petition with the Erie County Supreme Court seeking his immediate release from prison because he had been denied "effective assistance of counsel."
While both the Erie County Supreme Court and the Appellate Division, Fourth Department, thought it was "well established" that Harrington couldn't seek relief by way the procedure he utilized, the judges of the AD4 still opined that there wasn't a legal basis to grant his request, even if the issue had been properly before them.
Could have used a good attorney there.
To view a copy of the Appellate Division's decision, please use the following link: People v. Cully