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People v. Montes [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

October 21, 1999

Richard Nahas for Respondent.

Moira E. Casey for Defendant-Appellant.

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN, ANDRIAS, JJ.


Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 3, 1996, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

To the extent that defendant's ineffective assistance of counsel claim makes factual assertions unsupported by the record, such claim would require a motion pursuant to CPL 440.10. On the existing record, we find that defendant received meaningful representation in connection with his plea and sentence (see,People v. Ford, 86 N.Y.2d 397, 404).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Montes [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

People v. Montes [1st Dept 1999

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RADAMES MONTES…

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)