People v. Rodriguez, 181 A.D.2d 643 (N.Y. App. Div. 1992). · Go Syfert
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People v. Rodriguez, 181 A.D.2d 643 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
6 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Torres (nyappdiv, 2009-12-22)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" People v. Torres
N.Y. App. Div. · 2009 · signal: see · confidence high
Furthermore, contrary to the defendant’s arguments on appeal, “[a]n attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made” (People v Caple, 279 AD2d 635, 635 [2001]; see People v Rodriguez, 181 AD2d 643 [1992]; People v Glasper, 151 AD2d 692, 693 [1989]).
discussed Cited "see" People v. Ford
N.Y. App. Div. · 2007 · signal: see · confidence high
Furthermore, contrary to the defendant’s arguments on appeal, “[a]n attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made” (People v Caple, 279 AD2d 635, 635 [2001]; see People v Rodriguez, 181 AD2d 643 [1992]; People v Glasper, 151 AD2d 692, 693 [1989]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Luis Rodriguez
Appellate Division of the Supreme Court of the State of New York.
Mar 31, 1992.
181 A.D.2d 643
Cited by 5 opinions  |  Published

— Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 24, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a predicate felony offender, to a prison term of élá to 9 years, unanimously affirmed.

There is no merit to defendant’s argument that the failure of his attorney to assist him in withdrawing his guilty plea, and to move for suppression of the prerecorded buy money, deprived him of effective assistance of counsel. Defendant’s attorney was under no obligation to insist on defendant’s unsupported assertion of innocence (People v Glasper, 151 AD2d 692, 693). Nor does failure to make a pretrial motion establish, by itself, ineffective assistance of counsel (People v Rivera, 71 NY2d 705). Concur — Milonas, J. P., Ellerin, Kupferman, Asch and Kassal, JJ.