People v. Montes

Appellate Division of the Supreme Court of New York

People v. Montes

265 A.D.2d 195, 697 N.Y.S.2d 9, 1999 N.Y. App. Div. LEXIS 10157

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

DecidedOctober 12, 1999

StatusPublished

This text of 265 A.D.2d 195 (People v. Montes) 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. Montes, 265 A.D.2d 195, 697 N.Y.S.2d 9, 1999 N.Y. App. Div. LEXIS 10157 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 3, 1996, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

To the extent that defendant’s ineffective assistance of [196]*196counsel claim makes factual assertions unsupported by the record, such claim would require a motion pursuant to CPL 440.10. On the existing record, we find that defendant received meaningful representation in connection with his plea and sentence (see, People v Ford, 86 NY2d 397, 404). Concur — Sullivan, J. P., Nardelli, Williams, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 3, 1996, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

To the extent that defendant’s ineffective assistance of [196]*196counsel claim makes factual assertions unsupported by the record, such claim would require a motion pursuant to CPL 440.10. On the existing record, we find that defendant received meaningful representation in connection with his plea and sentence (see, People v Ford, 86 NY2d 397, 404). Concur — Sullivan, J. P., Nardelli, Williams, Rubin and Andrias, JJ.

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Bluebook (online)

265 A.D.2d 195, 697 N.Y.S.2d 9, 1999 N.Y. App. Div. LEXIS 10157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montes-nyappdiv-1999.

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