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People v. Rivera

February 18, 2010

THE PEOPLE &C., RESPONDENT,
v.
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.

MEMORANDUM:

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 [2005]) (see People v Borrell, 12 NY3d 365, 369 [2009]; People v Rivera, 71 NY2d 705, 709 [1988]).

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.

20100218

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