People v. Spavone

Appellate Division of the Supreme Court of New York

People v. Spavone

11 A.D.3d 254, 782 N.Y.S.2d 907, 2004 N.Y. App. Div. LEXIS 11835

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

DecidedOctober 12, 2004

StatusPublished

This text of 11 A.D.3d 254 (People v. Spavone) 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. Spavone, 11 A.D.3d 254, 782 N.Y.S.2d 907, 2004 N.Y. App. Div. LEXIS 11835 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 31, 2003, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously affirmed.

Since defendant did not move to withdraw his plea and since there is nothing in his plea allocution that would cast doubt on his guilt or the voluntariness of his plea, the court was under no obligation to conduct a sua sponte inquiry into a possible affirmative defense suggested by a comment made in a written statement that defendant submitted at sentencing (see People v Toxey, 86 NY2d 725 [1995]; People v Hernandez, 3 AD3d 348 [2004], lv denied 2 NY3d 741 [2004]).

To the extent the present record permits review, it establishes that defendant received effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). Concur—Buckley, EJ., Nardelli, Andrias, Saxe and Lerner, JJ.

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Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 31, 2003, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 10 years, unanimously affirmed.

Since defendant did not move to withdraw his plea and since there is nothing in his plea allocution that would cast doubt on his guilt or the voluntariness of his plea, the court was under no obligation to conduct a sua sponte inquiry into a possible affirmative defense suggested by a comment made in a written statement that defendant submitted at sentencing (see People v Toxey, 86 NY2d 725 [1995]; People v Hernandez, 3 AD3d 348 [2004], lv denied 2 NY3d 741 [2004]).

To the extent the present record permits review, it establishes that defendant received effective assistance of counsel (see People v Ford, 86 NY2d 397, 404 [1995]). Concur—Buckley, EJ., Nardelli, Andrias, Saxe and Lerner, JJ.

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Bluebook (online)

11 A.D.3d 254, 782 N.Y.S.2d 907, 2004 N.Y. App. Div. LEXIS 11835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spavone-nyappdiv-2004.

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