People v. Sims

Appellate Division of the Supreme Court of New York

People v. Sims

242 A.D.2d 758, 661 N.Y.S.2d 852, 1997 N.Y. App. Div. LEXIS 8533

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

DecidedSeptember 4, 1997

StatusPublished

Cited by3 cases

This text of 242 A.D.2d 758 (People v. Sims) 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. Sims, 242 A.D.2d 758, 661 N.Y.S.2d 852, 1997 N.Y. App. Div. LEXIS 8533 (N.Y. Ct. App. 1997).

Pincite

Opinion

Appeal from a judg[759]*759ment of the County Court of Washington County (Berke, J.), rendered April 19, 1996, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, an inmate at a State correctional facility, was indicted for the crime of promoting prison contraband in the first degree. He subsequently entered a counseled Alford plea of guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1½ to 3 years to run consecutively with the sentence he was then serving. Defendant’s challenge to the sufficiency of his plea is not preserved for our review inasmuch as he did not move to withdraw his plea or to vacate the judgment of conviction (see, People v Hayes, 241 AD2d 627). In any event, were we to consider the merits of defendant’s appeal, we would find that County Court made sufficient inquiry of defendant to establish that he entered a knowing, voluntary and intelligent Alford plea and understood the consequences thereof (see, People v White, 214 AD2d 811, 812, lv denied 86 NY2d 742). Contrary to defendant’s contention on appeal, there was no error in County Court’s failure to inform defendant that he was waiving a possible defense of justification inasmuch as justification is not a defense to the crime of promoting prison contraband (see, People v Casavilla, 178 AD2d 684, lv denied 79 NY2d 918).

Mikoll, J. P., Her cure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

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

Appeal from a judg[759]*759ment of the County Court of Washington County (Berke, J.), rendered April 19, 1996, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, an inmate at a State correctional facility, was indicted for the crime of promoting prison contraband in the first degree. He subsequently entered a counseled Alford plea of guilty to the crime of attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1½ to 3 years to run consecutively with the sentence he was then serving. Defendant’s challenge to the sufficiency of his plea is not preserved for our review inasmuch as he did not move to withdraw his plea or to vacate the judgment of conviction (see, People v Hayes, 241 AD2d 627). In any event, were we to consider the merits of defendant’s appeal, we would find that County Court made sufficient inquiry of defendant to establish that he entered a knowing, voluntary and intelligent Alford plea and understood the consequences thereof (see, People v White, 214 AD2d 811, 812, lv denied 86 NY2d 742). Contrary to defendant’s contention on appeal, there was no error in County Court’s failure to inform defendant that he was waiving a possible defense of justification inasmuch as justification is not a defense to the crime of promoting prison contraband (see, People v Casavilla, 178 AD2d 684, lv denied 79 NY2d 918).

Mikoll, J. P., Her cure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

242 A.D.2d 758, 661 N.Y.S.2d 852, 1997 N.Y. App. Div. LEXIS 8533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sims-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack