People v. Kessler

Appellate Division of the Supreme Court of New York

People v. Kessler

150 A.D.2d 390, 543 N.Y.S.2d 306, 1989 N.Y. App. Div. LEXIS 5640

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

DecidedMay 1, 1989

StatusPublished

This text of 150 A.D.2d 390 (People v. Kessler) 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. Kessler, 150 A.D.2d 390, 543 N.Y.S.2d 306, 1989 N.Y. App. Div. LEXIS 5640 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered June 10, 1987, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant—who conceded his fitness to stand trial and his ability to consult meaningfully with counsel—was competent to enter a plea of guilty under the circumstances (see, People v Francabandera, 33 NY2d 429; People v Owens, 111 AD2d 274). Further, the plea allocution satisfied the requirements of People v Harris (61 NY2d 9), in that the defendant was represented by counsel, acknowledged his guilt and pleaded guilty knowingly and voluntarily pursuant to a negotiated agreement under which he received the minimum permissible sentence. Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Sherman, J.), rendered June 10, 1987, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant—who conceded his fitness to stand trial and his ability to consult meaningfully with counsel—was competent to enter a plea of guilty under the circumstances (see, People v Francabandera, 33 NY2d 429; People v Owens, 111 AD2d 274). Further, the plea allocution satisfied the requirements of People v Harris (61 NY2d 9), in that the defendant was represented by counsel, acknowledged his guilt and pleaded guilty knowingly and voluntarily pursuant to a negotiated agreement under which he received the minimum permissible sentence. Mangano, J. P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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Bluebook (online)

150 A.D.2d 390, 543 N.Y.S.2d 306, 1989 N.Y. App. Div. LEXIS 5640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kessler-nyappdiv-1989.

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