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PEOPLE v. CARLETO

Ind. No. 234/15, 3238/18. Appeal No. 15958-15958A. Case No. 2020-01761.

205 A.D.3d 556 (2022)

166 N.Y.S.3d 536

2022 NY Slip Op 03331

The People of the State of New York, Respondent, v. Allen Carleto, Appellant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

Defense counsel's remarks indicating that there were no legal grounds for defendant's pro se motion to withdraw his plea in his weapon possession case did not rise to the level of taking an adverse position to his client, and therefore appointment of a new attorney was not required (see People v Taylor, 168 A.D.3d 468 [1st Dept 2019], lv denied 33 N.Y.3d 981 [2019]). In any event, the claims made in the motion were "patently...

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