People v. Dislafriaz

Appellate Division of the Supreme Court of New York

People v. Dislafriaz

262 A.D.2d 147, 690 N.Y.S.2d 442, 1999 N.Y. App. Div. LEXIS 6718

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

DecidedJune 15, 1999

StatusPublished

This text of 262 A.D.2d 147 (People v. Dislafriaz) 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. Dislafriaz, 262 A.D.2d 147, 690 N.Y.S.2d 442, 1999 N.Y. App. Div. LEXIS 6718 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, [148]*148Supreme Court, Bronx County (Ira Globerman, J.), rendered January 7, 1997, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Defendant makes no claim that his alleged deprivation of effective assistance of counsel at sentencing impaired the voluntariness of his plea and the sentence agreement made at the time of the plea. He has not established that he was deprived of effective assistance at sentencing, or that he was prejudiced in any manner by the court’s summary denial of his counsel’s request to be relieved. The sentence had been agreed upon at the time of the plea, and counsel fulfilled his limited role at this stage of the proceedings by reminding the court of its sentence promise, and alerting the court to the pre-sentence report, which contained favorable information, whereupon the court abided by its sentence promise. Counsel’s additional comments could not have caused any prejudice. Accordingly, defendant would not be entitled to a remand for resentencing. Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, [148]*148Supreme Court, Bronx County (Ira Globerman, J.), rendered January 7, 1997, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

Defendant makes no claim that his alleged deprivation of effective assistance of counsel at sentencing impaired the voluntariness of his plea and the sentence agreement made at the time of the plea. He has not established that he was deprived of effective assistance at sentencing, or that he was prejudiced in any manner by the court’s summary denial of his counsel’s request to be relieved. The sentence had been agreed upon at the time of the plea, and counsel fulfilled his limited role at this stage of the proceedings by reminding the court of its sentence promise, and alerting the court to the pre-sentence report, which contained favorable information, whereupon the court abided by its sentence promise. Counsel’s additional comments could not have caused any prejudice. Accordingly, defendant would not be entitled to a remand for resentencing. Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D.2d 147, 690 N.Y.S.2d 442, 1999 N.Y. App. Div. LEXIS 6718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dislafriaz-nyappdiv-1999.