PEOPLE v. DUARTE

2747/14, 11189A, 11189.

181 A.D.3d 416 (2020)

116 N.Y.S.3d 904

2020 NY Slip Op 01450

The People of the State of New York, Respondent, v. Bismark Duarte, Appellant.

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

Decided March 3, 2020.


After an evidentiary hearing, the court properly denied defendant's motion, in which he alleged that the attorney who represented him at the time of his plea rendered ineffective assistance by failing to investigate allegedly exculpatory information. There is no basis for disturbing the court's determination, in which it credited the attorney's testimony that he never received an affidavit by a person claiming "ownership" of the pistol that defendant was charged with possessing...

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