People v. Sosa

Appellate Division of the Supreme Court of New York

People v. Sosa

128 A.D.3d 443, 6 N.Y.S.3d 481

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

DecidedMay 7, 2015

Docket15030

StatusPublished

This text of 128 A.D.3d 443 (People v. Sosa) 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. Sosa, 128 A.D.3d 443, 6 N.Y.S.3d 481 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered January 15, 2008, convicting defendant, upon his plea of guilty, of operating a motor vehicle while ability impaired, and sentencing him to a $300' fine, unanimously reversed, on the law, the guilty plea vacated and the accusatory instrument dismissed in the interest of justice.

Defendant’s guilty plea was not knowing, intelligent and voluntary since there was a complete absence of discussion on the record of any of the pertinent constitutional rights (see People v Tyrell, 22 NY3d 359 [2013]). Neither is there any indication that defendant spoke with his attorney regarding the constitutional consequences of pleading guilty. Concur — Mazzarelli, J.P., Saxe, Manzanet-Daniels and Clark, JJ.

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Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered January 15, 2008, convicting defendant, upon his plea of guilty, of operating a motor vehicle while ability impaired, and sentencing him to a $300' fine, unanimously reversed, on the law, the guilty plea vacated and the accusatory instrument dismissed in the interest of justice.

Defendant’s guilty plea was not knowing, intelligent and voluntary since there was a complete absence of discussion on the record of any of the pertinent constitutional rights (see People v Tyrell, 22 NY3d 359 [2013]). Neither is there any indication that defendant spoke with his attorney regarding the constitutional consequences of pleading guilty. Concur — Mazzarelli, J.P., Saxe, Manzanet-Daniels and Clark, JJ.

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Bluebook (online)

128 A.D.3d 443, 6 N.Y.S.3d 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sosa-nyappdiv-2015.

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