People v. Rivera, 925 N.E.2d 580 (NY 2010). · Go Syfert
Search
People v. Rivera, 925 N.E.2d 580 (NY 2010). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: People v. Lassalle (ny, 2013-02-12)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Lassalle
NY · 2013 · confidence medium
On the present record, defendant has not shown that there was no strategic or other legitimate basis for appellate counsel’s failure to raise what would have been a dispositive argument against the plea bargain (see People v Rivera, 14 NY3d 753, 754 [2010]; People v Turner, 5 NY3d 476, 480 [2005]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Juan Rivera, Appellant
New York Court of Appeals.
Feb 18, 2010.
925 N.E.2d 580
APPEARANCES OF COUNSEL, Juan Rivera, appellant pro se., Cyrus R. Vance, Jr., District Attorney, New York City (Timothy C. Stone of counsel), for respondent., Flemming Zulack Williamson Zauderer LLP, New York City (Megan P. Davis of counsel), for Appellate Courts Committee of the New York County Lawyers’ Association, amicus curiae.
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur.
Cited by 1 opinion  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant has not demonstrated the absence of a legitimate explanation for his appellate counsel’s failure to brief the issue whether his guilty plea should be vacated under People v Catu (4 NY3d 242 [2005]; see People v Borrell, 12 NY3d 365, 369 [2009]; People v Rivera, 71 NY2d 705, 709 [1988]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.