The People v. Juan Rivera

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 86 SSM 53 The People &c., Respondent, v. Juan Rivera, Appellant. Submitted by appellant, pro se. Submitted by Timothy C. Stone, for respondent. New York County Lawyers' Association, amicus curiae. 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 - 1 - - 2 - SSM No. 53 365, 369 [2009]; People v Rivera, 71 NY2d 705, 709 [1988]). * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided February 18, 2010 - 2 -

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