People v. Cummings

Appellate Division of the Supreme Court of New York

People v. Cummings

235 A.D.2d 276, 652 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 280

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

DecidedJanuary 16, 1997

StatusPublished

Cited by2 cases

This text of 235 A.D.2d 276 (People v. Cummings) 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. Cummings, 235 A.D.2d 276, 652 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 280 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 9, 1994, convicting defendant, upon her guilty plea, of two counts of grand larceny in the fourth degree, and sentencing her as a second felony offender to consecutive terms of 2 to 4 years, unanimously affirmed.

Defendant’s claims that the court’s rulings and conduct coerced her into taking the plea are unpreserved because her motion to withdraw her plea was made on other grounds. In any event, the record establishes that her guilty plea was voluntarily, knowingly and intelligently made on favorable terms, and that the plea was not coerced by the court’s conduct and rulings. Moreover, defendant’s plea allocution did not negate any element of the crime. The court properly denied defendant’s motion to withdraw her plea, made on the basis of events at the co-defendant’s trial, since such events had no effect on the validity of defendant’s plea. Concur—Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.

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Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 9, 1994, convicting defendant, upon her guilty plea, of two counts of grand larceny in the fourth degree, and sentencing her as a second felony offender to consecutive terms of 2 to 4 years, unanimously affirmed.

Defendant’s claims that the court’s rulings and conduct coerced her into taking the plea are unpreserved because her motion to withdraw her plea was made on other grounds. In any event, the record establishes that her guilty plea was voluntarily, knowingly and intelligently made on favorable terms, and that the plea was not coerced by the court’s conduct and rulings. Moreover, defendant’s plea allocution did not negate any element of the crime. The court properly denied defendant’s motion to withdraw her plea, made on the basis of events at the co-defendant’s trial, since such events had no effect on the validity of defendant’s plea. Concur—Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.

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Bluebook (online)

235 A.D.2d 276, 652 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cummings-nyappdiv-1997.

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