From Casetext: Smarter Legal Research

People v. Cuadrado

Appellate Division of the Supreme Court of New York, First Department
Jan 10, 2008
849 N.Y.S.2d 240 (N.Y. App. Div. 2008)

Opinion

No. 2507.

January 10, 2008.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 24, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of six years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Before: Tom, J.P., Saxe, Friedman and Williams, JJ.


The court providently exercised its discretion in denying, without a hearing, defendant's motion to withdraw his plea ( see People v Frederick, 45 NY2d 520). The court, which appointed new counsel for the motion, provided defendant with a full opportunity to advance his claim that his prior attorney provided ineffective assistance. Defendant did not substantiate his claim that the prior attorney failed to interview three witnesses, and did not sufficiently explain what testimony these witnesses might have furnished. The plea minutes establish the voluntariness of the plea.


Summaries of

People v. Cuadrado

Appellate Division of the Supreme Court of New York, First Department
Jan 10, 2008
849 N.Y.S.2d 240 (N.Y. App. Div. 2008)
Case details for

People v. Cuadrado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND CUADRADO,…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 10, 2008

Citations

849 N.Y.S.2d 240 (N.Y. App. Div. 2008)
47 A.D.3d 437
2008 N.Y. Slip Op. 163

Citing Cases

People v. Andrades

See People v Cummings , 53 AD3d 587 (2nd Dep't 2008) (holding that "[t]he defendant's generalized and…