People v. Castro, 242 A.D.2d 445 (N.Y. App. Div. 1997). · Go Syfert
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People v. Castro, 242 A.D.2d 445 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …was under no obligation to amplify defendant's unsupported assertions at p. 445 ✓ Topic ↗
9 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. June
N.Y. App. Div. · 2015 · confidence medium
Defense counsel “was under no obligation to amplify defendant’s unsupported assertions” (People v Castro, 242 AD2d 445, 445 [1997], lv denied 90 NY2d 1010 [1997]), and the record establishes that defense counsel’s statements regarding the motion were not adverse to defendant (see People v Wester, 82 AD3d 1677, 1678 [2011], lv denied 17 NY3d 803 [2011]).
discussed Cited as authority (rule) People v. June
N.Y. App. Div. · 2015 · confidence medium
Defense counsel “was under no obligation to amplify defendant’s unsupported assertions” (People v Castro, 242 AD2d 445, 445 [1997], lv denied 90 NY2d 1010 [1997]), and the record establishes that defense counsel’s statements regarding the motion were not adverse to defendant (see People v Wester, 82 AD3d 1677, 1678 [2011], lv denied 17 NY3d 803 [2011]).
discussed Cited as authority (rule) Crystal Clear Development, LLC v. Devon Architects of New York, P.C.
N.Y. App. Div. · 2015 · confidence medium
The defendants, however, waived this defense by not moving on these grounds in their prior motion to dismiss the complaint pursuant to CPLR 3211 (a) and/or for summary judgment dismissing certain causes of action, by not raising this issue in the prior appeal to this Court, and by otherwise actively participating in this litigation for several years without raising any such concern (see CPLR 3211 [e]; City of New York v State of New York, 86 NY2d 286, 292 [1995]; Reich v Wolf & Fuhrman, P.C., 36 AD3d 885, 887 [2007]; Matter of Fastag v Chemical Bank, 242 AD2d 445, 446 [1997]; see generally Wel…
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The People of the State of New York
v.
Rafael Castro
Appellate Division of the Supreme Court of the State of New York.
Sep 16, 1997.
242 A.D.2d 445
Cited by 8 opinions  |  Published

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered July 28, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defense counsel’s representation of defendant at the motion to withdraw the plea was not ineffective. Given the motion’s obvious lack of merit, there was no need to appoint new counsel (People v Ortiz, 221 AD2d 176). Defendant’s attorney was under no obligation to amplify defendant’s unsupported assertions (see, People v Burgos, 177 AD2d 587, lv denied 79 NY2d 944), and the record indicates that counsel’s comments were not adverse to defendant’s interests and did not influence the court’s decision to deny defendant’s motion to withdraw his plea (see, People v Rodriguez, 189 AD2d 684, lv denied 81 NY2d 892).

We have reviewed defendant’s remaining contentions, including those contained in his pro se supplemental and reply briefs, and find them to be without merit. Concur—Ellerin, J. P., Williams, Mazzarelli, Andrias and Colabella, JJ.