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PEOPLE v. KIDD

49 A.D.3d 558 (2008)

855 N.Y.S.2d 167

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC KIDD, Appellant.

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

Decided March 4, 2008.

Ordered that the judgment is affirmed.

The defendant argues that he was deprived of the effective assistance of counsel at sentencing because his attorney failed to join in his pro se motion to vacate his plea of guilty. However, "[a]n attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and

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