PEOPLE v. MARTIN


262 A.D.2d 17 (1999)

690 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME MARTIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 3, 1999.


The record establishes that defendant's plea was knowing and voluntary. Even were we to treat defendant's statements at sentencing as an application to withdraw his plea, we would find the application was properly denied as without merit.

Defendant's ineffective assistance claim would require a CPL 440.10 motion in order to develop the record. To the extent defendant's claim is reviewable on the existing record, we find...

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