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PEOPLE v. RIVERA

14 N.Y.3d 753 (2010)

925 N.E.2d 580

898 N.Y.S.2d 542

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RIVERA, Appellant.

Court of Appeals of New York.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Juan Rivera , appellant pro se.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone of counsel), for respondent.

Flemming Zulack Williamson Zauderer LLP, New York City ( Megan P. Davis of counsel), for Appellate Courts Committee of the New York County Lawyers' Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

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 N.Y.3d 242 [2005]; (see People v Borrell, 12 N.Y.3d 365, 369 [2009]; People...

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