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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 279 (N.Y. App. Div. 1997)

Opinion

October 7, 1997

Appeal from Supreme Court, Bronx County (Edward Davidowitz, J.).


The court's summary rejection of defendant's claim that his conviction was obtained in violation of his constitutional rights (CPL 440.10[h]) was appropriate ( see, CPL 440.30). The affidavit submitted was not exculpatory and could not have affected defendant's decision to plead guilty. We further note that defendant was represented by counsel at the lineup.

Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1997
243 A.D.2d 279 (N.Y. App. Div. 1997)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RODRIGUEZ…

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

Date published: Oct 7, 1997

Citations

243 A.D.2d 279 (N.Y. App. Div. 1997)
662 N.Y.S.2d 317

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The court's summary denial of defendant's CPL 440.10 (1) (g) motion, claiming newly discovered evidence, was…