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People v. Castro

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1997
242 A.D.2d 445 (N.Y. App. Div. 1997)

Opinion

September 16, 1997

Appeal from Supreme Court, Bronx County (Robert Cohen, J.).


Defense counsel's representation of defendant at the motion to withdraw the plea was not ineffective. Given the motion's obvious lack of merit, there was no need to appoint new counsel ( People v Ortiz, 221 A.D.2d 176). Defendant's attorney was under no obligation to amplify defendant's unsupported assertions ( see, People v. Burgos, 177 A.D.2d 587, lv denied 79 N.Y.2d 944), and the record indicates that counsel's comments were not adverse to defendant's interests and did not influence the court's decision to deny defendant's motion to withdraw his plea ( see, People v Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892).

We have reviewed defendant's remaining contentions, including those contained in his pro se supplemental and reply briefs, and find them to be without merit.

Concur — Ellerin, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.


Summaries of

People v. Castro

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1997
242 A.D.2d 445 (N.Y. App. Div. 1997)
Case details for

People v. Castro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL CASTRO…

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

Date published: Sep 16, 1997

Citations

242 A.D.2d 445 (N.Y. App. Div. 1997)
662 N.Y.S.2d 466

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