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People v. Mercado

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1011 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Kings County (Lagana, J.).


Judgment affirmed.

We have reviewed the record and agree with the defendant's assigned counsel that there are no meritorious issues that could be raised upon appeal. Counsel's application for leave to withdraw as counsel is granted ( see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf. People v. Gonzalez, 47 N.Y.2d 606).

With regard to defendant's pro se contention that it was error to accept his plea in the absence of any indication that he intended to kill his victim, we note that the plea was to "depraved indifference" murder (Penal Law § 125.25). Defendant's pro se assertions about the inadequacy of counsel are not supported by the record. Defendant is of course free to seek relief pursuant to CPL 440.10, at which time he can attempt to specifically support his contentions concerning the alleged inadequacies of his counsel. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.


Summaries of

People v. Mercado

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1011 (N.Y. App. Div. 1985)
Case details for

People v. Mercado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO MERCADO…

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

Date published: Aug 12, 1985

Citations

112 A.D.2d 1011 (N.Y. App. Div. 1985)