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People v. an

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1075 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Monroe County Court, Connell, J.

Present — Pine, J.P., Balio, Fallon, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that he was denied effective assistance of counsel. Although defense counsel did not move to suppress evidence and did not raise identification issues, there is no indication in the record that those were colorable claims. Defendant failed to demonstrate that no legitimate explanation existed for counsel's failure to make the motions (see, People v Garcia, 75 N.Y.2d 973, 974; People v Duvall, 190 A.D.2d 988).

Defendant's contention that the plea allocution was insufficient is also without merit. Defendant's recitation of the facts did not cast doubt upon his guilt nor did it otherwise call into question the plea and the court, therefore, had no duty to inquire further (see, People v Lopez, 71 N.Y.2d 662, 666).


Summaries of

People v. an

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1075 (N.Y. App. Div. 1993)
Case details for

People v. an

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YONG KUK AN, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 29, 1993

Citations

199 A.D.2d 1075 (N.Y. App. Div. 1993)
608 N.Y.S.2d 903