People v. Barnett

Appellate Division of the Supreme Court of New York

People v. Barnett

216 A.D.2d 618, 627 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 5841

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 1995

StatusPublished

This text of 216 A.D.2d 618 (People v. Barnett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barnett, 216 A.D.2d 618, 627 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 5841 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 8, 1994, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, a prison inmate who was discovered with a pick-type weapon in the waistband of his pants, pleaded guilty to attempted promoting prison contraband in the first degree. Pursuant to the plea agreement, he was sentenced as a second felony offender to a prison term of l1/2 to 3 years to run consecutive to the sentence he was then serving. Initially, we find that insofar as defendant failed to move to withdraw his plea or vacate the judgment of conviction, he may not challenge the adequacy of his plea on this appeal. However, were we to consider the merits, we would find that defendant was fully apprised of the consequences of his plea and that it was knowing and voluntary. Furthermore, since defendant received the most lenient sentence available to him and failed to establish that he was unable to pay the surcharge, we find no basis for disturbing the sentence imposed by County Court.

Cardona, P. J., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 8, 1994, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, a prison inmate who was discovered with a pick-type weapon in the waistband of his pants, pleaded guilty to attempted promoting prison contraband in the first degree. Pursuant to the plea agreement, he was sentenced as a second felony offender to a prison term of l1/2 to 3 years to run consecutive to the sentence he was then serving. Initially, we find that insofar as defendant failed to move to withdraw his plea or vacate the judgment of conviction, he may not challenge the adequacy of his plea on this appeal. However, were we to consider the merits, we would find that defendant was fully apprised of the consequences of his plea and that it was knowing and voluntary. Furthermore, since defendant received the most lenient sentence available to him and failed to establish that he was unable to pay the surcharge, we find no basis for disturbing the sentence imposed by County Court.

Cardona, P. J., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

216 A.D.2d 618, 627 N.Y.S.2d 469, 1995 N.Y. App. Div. LEXIS 5841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barnett-nyappdiv-1995.