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PEOPLE v. HOLMES

2578, 2283/12.

145 A.D.3d 641 (2016)

2016 NY Slip Op 08957

42 N.Y.S.3d 811

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL HOLMES, Appellant.

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

Decided December 29, 2016.

The court was not obligated to appoint new counsel for defendant at sentencing in connection with his motion to withdraw his guilty plea, notwithstanding remarks by defense counsel that defendant contends were adverse to his claim that his plea was coerced. First, the remarks were made after the court had implicitly denied the motion to withdraw the plea, and could not have affected that ruling. Second, to the extent that counsel...

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