People v. Shivers

Appellate Division of the Supreme Court of New York

People v. Shivers

297 A.D.2d 584, 747 N.Y.2d 177, 747 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 8777

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

DecidedSeptember 24, 2002

StatusPublished

Cited by1 cases

This text of 297 A.D.2d 584 (People v. Shivers) 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.

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People v. Shivers, 297 A.D.2d 584, 747 N.Y.2d 177, 747 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 8777 (N.Y. Ct. App. 2002).

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Opinion

Since defendant made no motion to withdraw his guilty plea, [585]*585his challenge to its voluntariness is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that nothing in the record casts doubt on the voluntariness of the plea. Defendant’s claim that he was entitled to be advised that his plea would result in an enhanced sentence upon conviction of a subsequent felony is without merit (People v McGrath, 43 NY2d 803; People v Hannon, 209 AD2d 319, Iv denied 85 NY2d 862; People v Blanco, 156 AD2d 264, Iv denied 75 NY2d 867).

The existing record demonstrates that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 713-714; People v Ford, 86 NY2d 397, 404). Concur— Nardelli, J.P., Saxe, Buckley, Ellerin and Marlow, JJ.

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Since defendant made no motion to withdraw his guilty plea, [585]*585his challenge to its voluntariness is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that nothing in the record casts doubt on the voluntariness of the plea. Defendant’s claim that he was entitled to be advised that his plea would result in an enhanced sentence upon conviction of a subsequent felony is without merit (People v McGrath, 43 NY2d 803; People v Hannon, 209 AD2d 319, Iv denied 85 NY2d 862; People v Blanco, 156 AD2d 264, Iv denied 75 NY2d 867).

The existing record demonstrates that defendant received meaningful representation (see People v Benevento, 91 NY2d 708, 713-714; People v Ford, 86 NY2d 397, 404). Concur— Nardelli, J.P., Saxe, Buckley, Ellerin and Marlow, JJ.

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Bluebook (online)

297 A.D.2d 584, 747 N.Y.2d 177, 747 N.Y.S.2d 177, 2002 N.Y. App. Div. LEXIS 8777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shivers-nyappdiv-2002.

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