People v. Simmons

Appellate Division of the Supreme Court of New York

People v. Simmons

2017 NY Slip Op 261, 146 A.D.3d 560, 44 N.Y.S.3d 738

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

DecidedJanuary 17, 2017

Docket2413 491/12

StatusPublished

This text of 2017 NY Slip Op 261 (People v. Simmons) 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. Simmons, 2017 NY Slip Op 261, 146 A.D.3d 560, 44 N.Y.S.3d 738 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered July 9, 2013, convicting defendant, upon his plea of guilty, of two counts of attempted murder in the second degree, and sentencing him to concurrent terms of 20 years, unanimously affirmed.

Defendant’s challenge to the voluntariness of his plea does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665-666 [1988]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. Defendant’s plea allocution establishes the voluntariness of the plea and contains nothing that casts any doubt on defendant’s guilt (see People v Toxey, 86 NY2d 725 [1995]). Since defendant neither said anything inconsistent with his guilt during the al-locution nor moved to withdraw the plea, the court had no obligation to conduct a sua sponte inquiry into defendant’s postplea exculpatory statements, reflected in the presentence report (see e.g. People v Brimmage, 143 AD3d 624 [1st Dept 2016]; People v Praileau, 110 AD3d 415 [1st Dept 2013], Iv denied 22 NY3d 1202 [2014]; People v Pantoja, 281 AD2d 245 [1st Dept 2001], Iv denied 96 NY2d 905 [2001]).

We perceive no basis for reducing the sentence.

Concur— Richter, J.R, Manzanet-Daniels, Feinman, Kapnick and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered July 9, 2013, convicting defendant, upon his plea of guilty, of two counts of attempted murder in the second degree, and sentencing him to concurrent terms of 20 years, unanimously affirmed.

Defendant’s challenge to the voluntariness of his plea does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665-666 [1988]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. Defendant’s plea allocution establishes the voluntariness of the plea and contains nothing that casts any doubt on defendant’s guilt (see People v Toxey, 86 NY2d 725 [1995]). Since defendant neither said anything inconsistent with his guilt during the al-locution nor moved to withdraw the plea, the court had no obligation to conduct a sua sponte inquiry into defendant’s postplea exculpatory statements, reflected in the presentence report (see e.g. People v Brimmage, 143 AD3d 624 [1st Dept 2016]; People v Praileau, 110 AD3d 415 [1st Dept 2013], Iv denied 22 NY3d 1202 [2014]; People v Pantoja, 281 AD2d 245 [1st Dept 2001], Iv denied 96 NY2d 905 [2001]).

We perceive no basis for reducing the sentence.

Concur— Richter, J.R, Manzanet-Daniels, Feinman, Kapnick and Gesmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 261, 146 A.D.3d 560, 44 N.Y.S.3d 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simmons-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack