Commonwealth v. LastowskiAnnotate this Case
The Supreme Judicial Court affirmed the decision of the district court judge denying Defendant’s motion to withdraw his guilty pleas, holding that the motion judge correctly determined that Defendant did not satisfy the prejudice requirement of the test set forth in Commonwealth v. Saferian, 366 Mass. 89 (1974). As grounds for his motion, Defendant argued that plea counsel was constitutionally ineffective for failing to advise him of the duty to register as a sex offender, and its consequences, or explain that Defendant might have sought a continuance without a finding. The district court found Defendant’s affidavit and assertions not credible and denied the motion. The Supreme Court affirmed, holding that Defendant failed to satisfy the second prong of the Saferian standard and thus could not prevail on an ineffective assistance of counsel claim.