My question involves criminal law for the state of: New York
DEF accepted an awful plea deal the eve before jury selection. The prosecutor offered 3-6 years of prison for unauthorized access to computer system and related charges. DEF lawyer is ignorant of computers and likely did not do any research in case he needed to bargain because he was so convinced that he could get DEF off ... until more damning evidence was found and the expert witness refused to show up. DEF was essentially forced to accept the deal because DEF lawyer was utterly unprepared. Is it possible to discard the plea deal before sentencing because of defective representation? What if the sentencing has already taken place; is it possible to have the plea deal overturned because of defective representation? Would a public defender be available if yes? Currently he has a private defender. Thanks.