People v. Benson

Appellate Division of the Supreme Court of New York

People v. Benson

112 A.D.2d 538, 491 N.Y.S.2d 76, 1985 N.Y. App. Div. LEXIS 55900

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

DecidedJuly 11, 1985

StatusPublished

This text of 112 A.D.2d 538 (People v. Benson) 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. Benson, 112 A.D.2d 538, 491 N.Y.S.2d 76, 1985 N.Y. App. Div. LEXIS 55900 (N.Y. Ct. App. 1985).

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Opinion

Kane, J.

Appeal from a judgment of the County Court of Albany County (Clyne, J.), [539]*539rendered February 21, 1984, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

At the time of his negotiated plea of guilty, defendant was questioned by the trial court as to the facts and circumstances of the crime to which he pleaded guilty. These facts were, essentially, set forth in the language of the indictment. Additionally, defendant further admitted that he and his codefendant had, in effect, stomped the decedent to death. At defendant’s request, the trial court accepted the plea and subsequently sentenced defendant to an indeterminate term of imprisonment with a minimum of 20 years and a maximum of life. There was no objection by defendant or his counsel at the time of sentencing, nor any application made to withdraw the plea of guilty at any time before or after sentencing. Under the circumstances, the judgment must be affirmed (People v Claudio, 64 NY2d 858; People v Sharer, 105 AD2d 470, lv denied 64 NY2d 764).

Judgment affirmed. Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

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Kane, J.

Appeal from a judgment of the County Court of Albany County (Clyne, J.), [539]*539rendered February 21, 1984, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

At the time of his negotiated plea of guilty, defendant was questioned by the trial court as to the facts and circumstances of the crime to which he pleaded guilty. These facts were, essentially, set forth in the language of the indictment. Additionally, defendant further admitted that he and his codefendant had, in effect, stomped the decedent to death. At defendant’s request, the trial court accepted the plea and subsequently sentenced defendant to an indeterminate term of imprisonment with a minimum of 20 years and a maximum of life. There was no objection by defendant or his counsel at the time of sentencing, nor any application made to withdraw the plea of guilty at any time before or after sentencing. Under the circumstances, the judgment must be affirmed (People v Claudio, 64 NY2d 858; People v Sharer, 105 AD2d 470, lv denied 64 NY2d 764).

Judgment affirmed. Mahoney, P. J., Kane, Main, Casey and Weiss, JJ., concur.

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Bluebook (online)

112 A.D.2d 538, 491 N.Y.S.2d 76, 1985 N.Y. App. Div. LEXIS 55900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benson-nyappdiv-1985.

Opinion

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