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PEOPLE v. ORTEGA

70 A.D.3d 416 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ORTEGA, Appellant.

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

Decided February 4, 2010.

The record, including the submissions on defendant's CPL 440.10 motion, establishes that defendant's plea was knowing, intelligent and voluntary, and that it was not the product of ineffective assistance of counsel (see People v Ford, 86 N.Y.2d 397, 404 [1995]). Counsel secured a favorable plea during a jury trial, at the end of the victim's direct examination.

With regard to the CPL 440.10 motion, while there may have been...

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