New York Court of Appeals February 18, 2010 (People v. Rivera)

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 Rivera,

71 NY2d 705, 709 [1988]).