People v. Castro

Appellate Division of the Supreme Court of New York

People v. Castro

242 A.D.2d 445, 662 N.Y.S.2d 466, 1997 N.Y. App. Div. LEXIS 8775

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 16, 1997

StatusPublished

Cited by8 cases

This text of 242 A.D.2d 445 (People v. Castro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Castro, 242 A.D.2d 445, 662 N.Y.S.2d 466, 1997 N.Y. App. Div. LEXIS 8775 (N.Y. Ct. App. 1997).

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Opinion

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.

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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.

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Bluebook (online)

242 A.D.2d 445, 662 N.Y.S.2d 466, 1997 N.Y. App. Div. LEXIS 8775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castro-nyappdiv-1997.

Opinion

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