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PEOPLE v. ALVAREZ

Ind. No. 5347/15. Appeal No. 15835-15835A. Case Nos. 2017-02554, 2018-1139.

205 A.D.3d 577 (2022)

166 N.Y.S.3d 852

2022 NY Slip Op 03349

The People of the State of New York, Respondent, v. Raul Alvarez, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

After a hearing, the court correctly denied defendant's motion to vacate the judgment. Defendant did not establish a violation of McCoy v Louisiana (584 US ___, 138 S.Ct. 1500 [2018]), because he failed to prove by a preponderance of the evidence that he insisted at trial that his attorney refrain from admitting guilt of third-degree assault and the accompanying contempt charges. There is no basis for disturbing the court's credibility...

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