People v. Pemberton

Appellate Division of the Supreme Court of New York

People v. Pemberton

268 A.D.2d 236, 701 N.Y.S.2d 38, 2000 N.Y. App. Div. LEXIS 53

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

DecidedJanuary 6, 2000

StatusPublished

Cited by6 cases

This text of 268 A.D.2d 236 (People v. Pemberton) 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. Pemberton, 268 A.D.2d 236, 701 N.Y.S.2d 38, 2000 N.Y. App. Div. LEXIS 53 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 17, 1996, convicting defendant, upon his plea of guilty, of one count each of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 5 years to life and 1 year, respectively, unanimously affirmed.

The sentencing court properly exercised its discretion when it did not inquire further into defendant’s conclusory contention that his plea was coerced by counsel. Defendant received a reasonable opportunity to advance his claim, and his statement at sentencing contained nothing to suggest that his claim had any merit. Accordingly, the court, which was familiar with the plea allocution and the other prior proceedings, made “an informed and prudent determination” (People v Frederick, 45 NY2d 520, 525) that defendant’s counsel provided sound advice to plead guilty (see, People v Bonner, 251 AD2d 107, lv denied 92 NY2d 923). Accordingly, we find that defendant’s plea was voluntary, as was his waiver of the right to appeal, which forecloses review of defendant’s suppression claim. Concur— Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 17, 1996, convicting defendant, upon his plea of guilty, of one count each of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 5 years to life and 1 year, respectively, unanimously affirmed.

The sentencing court properly exercised its discretion when it did not inquire further into defendant’s conclusory contention that his plea was coerced by counsel. Defendant received a reasonable opportunity to advance his claim, and his statement at sentencing contained nothing to suggest that his claim had any merit. Accordingly, the court, which was familiar with the plea allocution and the other prior proceedings, made “an informed and prudent determination” (People v Frederick, 45 NY2d 520, 525) that defendant’s counsel provided sound advice to plead guilty (see, People v Bonner, 251 AD2d 107, lv denied 92 NY2d 923). Accordingly, we find that defendant’s plea was voluntary, as was his waiver of the right to appeal, which forecloses review of defendant’s suppression claim. Concur— Sullivan, J. P., Mazzarelli, Wallach, Rubin and Andrias, JJ.

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Bluebook (online)

268 A.D.2d 236, 701 N.Y.S.2d 38, 2000 N.Y. App. Div. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pemberton-nyappdiv-2000.

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