People v. Natatli

Appellate Division of the Supreme Court of New York

People v. Natatli

193 A.D.2d 413, 597 N.Y.S.2d 315, 1993 N.Y. App. Div. LEXIS 4614

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

DecidedMay 6, 1993

StatusPublished

Cited by1 cases

This text of 193 A.D.2d 413 (People v. Natatli) 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. Natatli, 193 A.D.2d 413, 597 N.Y.S.2d 315, 1993 N.Y. App. Div. LEXIS 4614 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered August 18, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a prison term of 3 Vi to 7 years, unanimously affirmed.

At sentencing, defendant moved to withdraw his plea of guilty, claiming that his attorney tricked him into it by leading him to believe that the court had made an off-the-record promise to impose a shorter sentence of 3 to 6 years than the one promised on the record. After reviewing the plea allocution and conducting a limited inquiry of the prosecutor and defense counsel, the court denied the motion, finding that there was no factual basis to support the claim and finding that the plea was knowingly and voluntarily made.

There is no merit to defendant’s argument that he was deprived of an opportunity to show otherwise by the denial of his motion without a hearing. Given plea minutes that unequivocally refuted any claim of an off-the-record promise, the limited inquiry conducted by the court sufficed to assure an informed and prudent determination (People v Frederick, 45 NY2d 520). Concur—Sullivan, J. P., Carro, Wallach, Kupferman and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered August 18, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a prison term of 3 Vi to 7 years, unanimously affirmed.

At sentencing, defendant moved to withdraw his plea of guilty, claiming that his attorney tricked him into it by leading him to believe that the court had made an off-the-record promise to impose a shorter sentence of 3 to 6 years than the one promised on the record. After reviewing the plea allocution and conducting a limited inquiry of the prosecutor and defense counsel, the court denied the motion, finding that there was no factual basis to support the claim and finding that the plea was knowingly and voluntarily made.

There is no merit to defendant’s argument that he was deprived of an opportunity to show otherwise by the denial of his motion without a hearing. Given plea minutes that unequivocally refuted any claim of an off-the-record promise, the limited inquiry conducted by the court sufficed to assure an informed and prudent determination (People v Frederick, 45 NY2d 520). Concur—Sullivan, J. P., Carro, Wallach, Kupferman and Nardelli, JJ.

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Bluebook (online)

193 A.D.2d 413, 597 N.Y.S.2d 315, 1993 N.Y. App. Div. LEXIS 4614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-natatli-nyappdiv-1993.

Opinion

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