The Court of Appeals is soliciting amicus curiae briefs in a case where it has granted leave to appeal involving the effectiveness of appellate counsel representation received by a robbery convict. Defendant Juan Rivera is arguing his appellate counsel failed to seek vacatur of his guilty plea on appeal based on People v. Catu, 4 NY3d 252 (2005), in which the Court of Appeals decided the fairness of a defendant’s guilty plea is compromised if he is not aware he will be subject to a period of post-release supervision in addition to a prison term. An Appellate Division, First Department, panel denied Mr. Rivera’s appeal.
The Court will hear Mr. Rivera’s appeal sua sponte merits, meaning on case papers and record. Mr. Rivera, who is serving 10 years in prison on a first-degree robbery conviction, is appearing pro se. — Joel Stashenko
Estates Expert Continues Testimony at Astor Trial
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