People v Henry

Holding The conviction for attempted burglary in the second degree was reversed due to ineffective assistance of counsel, as the grand jury evidence was legally insufficient to establish the requisite intent to commit a crime. The court found that counsel’s failure to properly litigate the insufficiency of the evidence after receiving the grand jury minutes implicated the voluntariness of the defendant’s guilty plea and waiver of appeal.

The court’s words

evidence fell short of establishing that defendant entered, or remained, in the building intending to commit a crime

2026 NY Slip Op 06579, at the official text

counsel's ineffectiveness in failing to litigate, after receiving the grand jury minutes, whether the evidence established burglary

2026 NY Slip Op 06579, at the official text

implicate[s] the voluntariness of the plea and the waiver itself

2026 NY Slip Op 06579, at the official text