People v Rivera, 14 NY3d 753 (2010)

2010 NY Slip Op 01380 [14 NY3d 753]
February 18, 2010
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Juan Rivera, Appellant.

Decided February 18, 2010

People v Rivera, 2009 NY Slip Op 67638(U), affirmed.

Flemming Zulack Williamson Zauderer LLP, New York City (Megan P. Davis of counsel), for Appellate Courts Committee of the New York County Lawyers’ Association, amicus curiae.

{**14 NY3d at 754} OPINION OF THE COURT

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 [*2]Rivera, 71 NY2d 705, 709 [1988]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.