People v. Hicks

Appellate Division of the Supreme Court of New York

People v. Hicks

79 A.D.2d 887, 434 N.Y.S.2d 530, 1980 N.Y. App. Div. LEXIS 14331

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

DecidedDecember 23, 1980

StatusPublished

Cited by2 cases

This text of 79 A.D.2d 887 (People v. Hicks) 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.

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People v. Hicks, 79 A.D.2d 887, 434 N.Y.S.2d 530, 1980 N.Y. App. Div. LEXIS 14331 (N.Y. Ct. App. 1980).

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Opinion

Judgment unanimously reversed, on the law, and matter remitted to Niagara County Court for further proceedings on the indictment. Memorandum: Defendant was indicted for robbery, first degree, burglary, first degree, and grand larceny, third degree. At the conclusion of plea negotiations, defendant pleaded guilty to robbery, third degree, in full satisfaction of the indictment. Robbery, first degree, and burglary, first degree, are class B violent felonies (Penal Law, §70.02, subd 1, par [a]). Accordingly, defendant was required to plead, under the statute as it then existed, to a violent felony offense (CPL 220.10, subd 5, par [d]). Robbery, third degree, is not a violent felony offense. The judgment is based on an illegal plea and must be vacated (see Matter of Wadsworth v Mogavero, 71 AD2d 157; People v Bartley, 60 AD2d 283, affd 47 NY2d 965). (Appeal from judgment of Niagara County Court—robbery, third degree.) Present—Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Judgment unanimously reversed, on the law, and matter remitted to Niagara County Court for further proceedings on the indictment. Memorandum: Defendant was indicted for robbery, first degree, burglary, first degree, and grand larceny, third degree. At the conclusion of plea negotiations, defendant pleaded guilty to robbery, third degree, in full satisfaction of the indictment. Robbery, first degree, and burglary, first degree, are class B violent felonies (Penal Law, §70.02, subd 1, par [a]). Accordingly, defendant was required to plead, under the statute as it then existed, to a violent felony offense (CPL 220.10, subd 5, par [d]). Robbery, third degree, is not a violent felony offense. The judgment is based on an illegal plea and must be vacated (see Matter of Wadsworth v Mogavero, 71 AD2d 157; People v Bartley, 60 AD2d 283, affd 47 NY2d 965). (Appeal from judgment of Niagara County Court—robbery, third degree.) Present—Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Bluebook (online)

79 A.D.2d 887, 434 N.Y.S.2d 530, 1980 N.Y. App. Div. LEXIS 14331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hicks-nyappdiv-1980.

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