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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE COLON, Defendant-Appellant.

After a thorough hearing, the court properly denied defendant's motion to withdraw his guilty plea, made on the ground of ineffective assistance of counsel. The record establishes that counsel provided effective assistance in connection with the plea ( see People v. Ford, 86 N.Y.2d 397, 404; see also People v. Benevento, 91 N.Y.2d 708, 713-714; Strickland v. Washington, 466 U.S. 668). Counsel reasonably concluded that no psychiatric defense would have any hope of success, and instead made effective use of defendant's mental health background as a means of obtaining a plea offer that was as lenient as possible, given the heinous circumstances of this double murder.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. COLON
(Mar 23, 2004)