People v. McGuire

Appellate Division of the Supreme Court of New York

People v. McGuire

244 A.D.2d 292, 664 N.Y.S.2d 774, 1997 N.Y. App. Div. LEXIS 11880

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

DecidedNovember 25, 1997

StatusPublished

This text of 244 A.D.2d 292 (People v. McGuire) 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. McGuire, 244 A.D.2d 292, 664 N.Y.S.2d 774, 1997 N.Y. App. Div. LEXIS 11880 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (George Roberts, J., at plea; Mary McGowan Davis, J., at hearing on plea withdrawal motion and sentence), rendered August 14, 1995, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol and sentencing him to 60 days imprisonment, 5 years probation, a $1,000 fine, and a 1-year revocation of his driver’s license, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied since the record shows that defendant’s plea was entered knowingly, voluntarily, and intelligently, with the effective assistance of counsel (People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067). Counsel’s recommendation to defendant to accept a very favorable plea offer was not coercive, but rather fulfilled counsel’s duty to warn his client of the risks of going to trial (see, People v Spinks, 227 AD2d 310, lv denied 88 NY2d 995). The time afforded defendant to consider the plea offer was sufficient under the circumstances. Concur—Milonas, J. P., Rosenberger, Rubin, Williams and Colabella, JJ.

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—Judgment, Supreme Court, New York County (George Roberts, J., at plea; Mary McGowan Davis, J., at hearing on plea withdrawal motion and sentence), rendered August 14, 1995, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol and sentencing him to 60 days imprisonment, 5 years probation, a $1,000 fine, and a 1-year revocation of his driver’s license, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied since the record shows that defendant’s plea was entered knowingly, voluntarily, and intelligently, with the effective assistance of counsel (People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067). Counsel’s recommendation to defendant to accept a very favorable plea offer was not coercive, but rather fulfilled counsel’s duty to warn his client of the risks of going to trial (see, People v Spinks, 227 AD2d 310, lv denied 88 NY2d 995). The time afforded defendant to consider the plea offer was sufficient under the circumstances. Concur—Milonas, J. P., Rosenberger, Rubin, Williams and Colabella, JJ.

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Bluebook (online)

244 A.D.2d 292, 664 N.Y.S.2d 774, 1997 N.Y. App. Div. LEXIS 11880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcguire-nyappdiv-1997.

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