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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GARCIA, Defendant-Appellant.

Defendant's plea allocution, at which the court properly warned him of the rights he was waiving, was knowing and voluntary (see Boykin v. Alabama, 395 U.S. 238; People v. Harris, 61 N.Y.2d 9).

Defense counsel was not ineffective for failing to request a more detailed plea allocution. Defendant's other attacks on his attorney implicate the strategic decision that defendant would accept the plea offer rather than pursue other possible approaches to his defense. The record contains no support for defendant's claim that he did not receive the effective assistance of counsel (see People v. Ford, 86 N.Y.2d 397, 404; People v. Benevento, 91 N.Y.2d 708, 713-714). We note that at the time of the plea, the attorney made it clear that he had apprised defendant of a possible factual issue in his case, and that defendant had nevertheless chosen to plead guilty.

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

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PEOPLE v. GARCIA
(Mar 18, 2003)