People v. Robinson

Appellate Division of the Supreme Court of New York

People v. Robinson

114 A.D.3d 422, 979 N.Y.S.2d 527

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

DecidedFebruary 4, 2014

StatusPublished

This text of 114 A.D.3d 422 (People v. Robinson) 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. Robinson, 114 A.D.3d 422, 979 N.Y.S.2d 527 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered January 10, 2012, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

Since defendant’s allegedly exculpatory statement at sentencing cannot be construed as a motion to withdraw his plea, his claim that the court should have inquired into the voluntariness of the plea is unpreserved (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternate holding, we find the claim to be without merit. The plea allocution record establishes that the plea was voluntary, and that nothing cast doubt on defendant’s guilt. In the absence of a plea withdrawal motion, no inquiry was necessary (see e.g. People v Byrne, 37 AD3d 179 [1st Dept 2007]). In any event, defendant’s statement at sentencing that he “had no weapons” was consistent with his plea to attempted possession, as well as with the underlying facts. Concur — Tom, J.P., Friedman, DeGrasse, Feinman and Gische, JJ.

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Judgment, Supreme Court, New York County (Renee A. White, J.), rendered January 10, 2012, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

Since defendant’s allegedly exculpatory statement at sentencing cannot be construed as a motion to withdraw his plea, his claim that the court should have inquired into the voluntariness of the plea is unpreserved (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternate holding, we find the claim to be without merit. The plea allocution record establishes that the plea was voluntary, and that nothing cast doubt on defendant’s guilt. In the absence of a plea withdrawal motion, no inquiry was necessary (see e.g. People v Byrne, 37 AD3d 179 [1st Dept 2007]). In any event, defendant’s statement at sentencing that he “had no weapons” was consistent with his plea to attempted possession, as well as with the underlying facts. Concur — Tom, J.P., Friedman, DeGrasse, Feinman and Gische, JJ.

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Bluebook (online)

114 A.D.3d 422, 979 N.Y.S.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robinson-nyappdiv-2014.

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