People v. Choi

Appellate Division of the Supreme Court of New York

People v. Choi

172 A.D.2d 389, 568 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 4956

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

DecidedApril 23, 1991

StatusPublished

This text of 172 A.D.2d 389 (People v. Choi) 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. Choi, 172 A.D.2d 389, 568 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 4956 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on February 8, 1989, convicting defendant, after a plea of guilty, of one count of Criminal Sale of a Controlled Substance in the second degree, and sentencing him to an indeterminate term of imprisonment of 3 years to life, is unanimously affirmed.

Defendant asserts on appeal that the plea was not sufficiently supported by a factual basis and that the Court failed to specifically inform him of each of his Boykin rights (Boykin v Alabama, 395 US 238). We disagree.

Review of the plea allocution shows that the plea was knowing and voluntary (People v Harris, 61 NY2d 9; see, People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067), and that there was a sufficient factual basis to support the plea (People v La Porte, 41 AD2d 863). The validity of a plea does not hinge on a catechismic recital of rights, but on whether the plea as a whole was knowing and voluntary (People v Harris, supra). Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Kassal, JJ.

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Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on February 8, 1989, convicting defendant, after a plea of guilty, of one count of Criminal Sale of a Controlled Substance in the second degree, and sentencing him to an indeterminate term of imprisonment of 3 years to life, is unanimously affirmed.

Defendant asserts on appeal that the plea was not sufficiently supported by a factual basis and that the Court failed to specifically inform him of each of his Boykin rights (Boykin v Alabama, 395 US 238). We disagree.

Review of the plea allocution shows that the plea was knowing and voluntary (People v Harris, 61 NY2d 9; see, People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067), and that there was a sufficient factual basis to support the plea (People v La Porte, 41 AD2d 863). The validity of a plea does not hinge on a catechismic recital of rights, but on whether the plea as a whole was knowing and voluntary (People v Harris, supra). Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Kassal, JJ.

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Bluebook (online)

172 A.D.2d 389, 568 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 4956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-choi-nyappdiv-1991.

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