February 18, 2010
THE PEOPLE &C., RESPONDENT,
JUAN RIVERA, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
New York County Lawyers' Association, amicus curiae.
The order of the Appellate Division should be affirmed.
Defendant has not demonstrated the absence of a legitimate explanation for his appellate counsel's failure to brief the issue whether his guilty plea should be vacated under People v Catu (4 NY3d 242 ) (see People v Borrell, 12 NY3d 365, 369 ; People v Rivera, 71 NY2d 705, 709 ).
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
© 1992-2010 VersusLaw Inc.