People v. Carrasquillo

Appellate Division of the Supreme Court of New York

People v. Carrasquillo

291 A.D.2d 238, 738 N.Y.S.2d 21, 2002 N.Y. App. Div. LEXIS 1538

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

DecidedFebruary 7, 2002

StatusPublished

Cited by5 cases

This text of 291 A.D.2d 238 (People v. Carrasquillo) 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. Carrasquillo, 291 A.D.2d 238, 738 N.Y.S.2d 21, 2002 N.Y. App. Div. LEXIS 1538 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered May 5, 2000, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

The sentencing court was under no obligation to inquire further into defendant’s assertions that his plea was coerced by counsel and that his responses at the plea allocution were untruthful (see, People v Pemberton, 268 AD2d 236, lv denied 94 NY2d 951). The conduct which defendant claimed to have been coercive amounted to nothing more than sound advice about the consequences of a conviction after trial. Moreover, defendant made no motion to withdraw his plea, and nothing in defendant’s plea allocution cast doubt on the plea’s voluntariness.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Sullivan, Wallaeh. and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered May 5, 2000, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

The sentencing court was under no obligation to inquire further into defendant’s assertions that his plea was coerced by counsel and that his responses at the plea allocution were untruthful (see, People v Pemberton, 268 AD2d 236, lv denied 94 NY2d 951). The conduct which defendant claimed to have been coercive amounted to nothing more than sound advice about the consequences of a conviction after trial. Moreover, defendant made no motion to withdraw his plea, and nothing in defendant’s plea allocution cast doubt on the plea’s voluntariness.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Sullivan, Wallaeh. and Marlow, JJ.

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Bluebook (online)

291 A.D.2d 238, 738 N.Y.S.2d 21, 2002 N.Y. App. Div. LEXIS 1538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carrasquillo-nyappdiv-2002.

Opinion

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