People v. Cain

Appellate Division of the Supreme Court of New York

People v. Cain

180 A.D.2d 420, 580 N.Y.S.2d 861, 1992 N.Y. App. Div. LEXIS 1062

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

DecidedFebruary 4, 1992

StatusPublished

This text of 180 A.D.2d 420 (People v. Cain) 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. Cain, 180 A.D.2d 420, 580 N.Y.S.2d 861, 1992 N.Y. App. Div. LEXIS 1062 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Frank Blangiardo, J.), rendered June 2, 1987, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a predicate felon, to a term of imprisonment of IV2 to 15 years, to run consecutively to a previously imposed sentence of imprisonment, on an unrelated conviction, of 10 to 20 years, unanimously affirmed.

Upon due determination that defendant’s plea herein was knowing, informed and voluntary, the court accepted defendant’s guilty plea to one count of robbery in the first degree, in full satisfaction of an indictment charging him with two counts of robbery in the first degree, two counts of robbery in the second degree, and one count of attempted rape committed between January 3 and January 16,1986.

Defense counsel made appropriate pretrial motions and applications, secured various suppression hearings, and negotiated a favorable plea promise. In these circumstances, there is no merit to defendant’s claim of ineffective assistance of counsel (see, People v Baldi, 54 NY2d 137).

At sentencing, the court duly considered all available sentencing data, and we perceive no abuse of discretion which would warrant a reduction of sentence in the interest of justice (see, People v Farrar, 52 NY2d 302). Concur—Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

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Judgment, Supreme Court, New York County (Frank Blangiardo, J.), rendered June 2, 1987, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a predicate felon, to a term of imprisonment of IV2 to 15 years, to run consecutively to a previously imposed sentence of imprisonment, on an unrelated conviction, of 10 to 20 years, unanimously affirmed.

Upon due determination that defendant’s plea herein was knowing, informed and voluntary, the court accepted defendant’s guilty plea to one count of robbery in the first degree, in full satisfaction of an indictment charging him with two counts of robbery in the first degree, two counts of robbery in the second degree, and one count of attempted rape committed between January 3 and January 16,1986.

Defense counsel made appropriate pretrial motions and applications, secured various suppression hearings, and negotiated a favorable plea promise. In these circumstances, there is no merit to defendant’s claim of ineffective assistance of counsel (see, People v Baldi, 54 NY2d 137).

At sentencing, the court duly considered all available sentencing data, and we perceive no abuse of discretion which would warrant a reduction of sentence in the interest of justice (see, People v Farrar, 52 NY2d 302). Concur—Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

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Bluebook (online)

180 A.D.2d 420, 580 N.Y.S.2d 861, 1992 N.Y. App. Div. LEXIS 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cain-nyappdiv-1992.

Opinion

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