People v. Wester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1678Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of kidnapping in the second degree (Penal Law § 135.20) and assault in the second degree (§ 120.05 [2]). We reject defendant’s contention that his attorney became a witness against him and that he was thereby denied effective assistance of counsel. Contrary to defendant’s contention, the statements of defense counsel in response to defendant’s pro se motion to withdraw his guilty plea were not adverse to defendant (see People v Guerra-Pena, 46 AD3d 1469 [2007], lv denied 10 NY3d 765 [2008]). In any event, even…
2Cases cited2 opinions
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