PEOPLE v. BERTOLINI

2016-08905. Ind. No. 1692/98.

186 A.D.3d 499 (2020)

126 N.Y.S.3d 386

2020 NY Slip Op 04402

The People of the State of New York, Respondent, v. Antonio Bertolini, Appellant.

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

Decided August 5, 2020.


Ordered that the order is affirmed.

We agree with the Supreme Court's determination to deny, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate his judgment of conviction. "In order to prevail on an ineffective assistance of counsel claim based upon the defense counsel's failure to adequately inform the defendant of a plea offer, the defendant has the burden of establishing that the People made the plea offer, that the defendant was not adequately...

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