In People v. Thomson (46 AD3d 939 [2007]), the defendant alleged that he was prejudiced by counsel's failure to ascertain that a prior out-of-state conviction did not constitute a predicate felony, in that during plea negotiations both the prosecutor and defense counsel considered him a second felony offender. Thomas rejected the People's plea offer of an aggregate sentence of 8 to 16 years, and was convicted at trial and sentenced to concurrent prison terms, on the top count, of 16 years to life. Thomson moved, pursuant to CPL 440.10, to vacate his conviction on the grounds that counsel's failure to verify his criminal history prior to plea negotiations constituted inadequate legal assistance (46 AD3d at 940). Thomson, maintained that he was prejudiced by counsel's conduct since he would have "considered" a more favorable plea offer. The court agreed that trial counsel's assistance was deficient and then addressed the question of prejudice, stating: "Acknowledging counsel's error, we must also determine whether there is a reasonable probability that, but for this error, the result would have been different (see Mask v. McGinnis, 233 F3d at 140; People v. Williams, 299 AD2d at 580 [748 NYS2d 879]. To establish such prejudice, defendant must show that the People would have offered a plea deal more favorable than their offer of an aggregate prison term of 8 to 16 years if they had been aware of his actual status and, if such a deal were offered, defendant would have pleaded guilty (see People v. Garcia, 19 AD3d at 20-21)."