PEOPLE v. TORRES

5935 2802/13.

159 A.D.3d 473 (2018)

72 N.Y.S.3d 57

2018 NY Slip Op 01550

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORBERTO TORRES, Appellant.

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

Decided March 8, 2018.


The court was not obligated to appoint new counsel for defendant at sentencing in connection with his motion to withdraw his guilty plea. The remarks by defense counsel, which preceded defendant's oral motion, that defendant contends were adverse to his motion did not reach the level of creating a conflict of interest. When counsel's conduct is challenged in a plea withdrawal motion, "defense counsel should be afforded the opportunity to explain his performance with respect...

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