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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1996
223 A.D.2d 400 (N.Y. App. Div. 1996)

Opinion

January 16, 1996

Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).


Defendant had effective assistance of counsel, who after vigorously cross-examining the People's witnesses at the Wade hearing, convinced the court that the higher sentence pursued by the People was not warranted and negotiated a favorable plea that made abandonment of the Wade issues a plausible strategy ( cf., People v Flores, 84 N.Y.2d 184). Those issues concerning identification of defendant were waived by his plea and may not be reviewed on appeal ( see, People v Corti, 88 A.D.2d 345).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Williams, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1996
223 A.D.2d 400 (N.Y. App. Div. 1996)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK RIVERA, Also…

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

Date published: Jan 16, 1996

Citations

223 A.D.2d 400 (N.Y. App. Div. 1996)
636 N.Y.S.2d 329

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