Christy Viener v. Sagona

1 Citing case

  1. Standley v. Stewart

    305 A.D.2d 332 (N.Y. App. Div. 2003)   Cited 1 times

    Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ. Plaintiff was convicted, upon his guilty plea, of murder in the second degree (People v. Standley, 140 A.D.2d 728, lv denied 72 N.Y.2d 925). Plaintiff's various applications for post-conviction relief, including his federal habeas corpus petition on which he was represented by defendant, were all unavailing. Accordingly, this action for legal malpractice must be dismissed; while the determination of guilt against plaintiff remains undisturbed, no cause of action attributing plaintiff's conviction to negligent legal representation will lie (Carmel v. Lunney, 70 N.Y.2d 169, 173; Christy Viener v. Sagona, 269 A.D.2d 284). We have considered plaintiff's procedural arguments and find them unavailing.