People v. Springer

Appellate Division of the Supreme Court of New York

People v. Springer

260 A.D.2d 190, 686 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 3615

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

DecidedApril 8, 1999

StatusPublished

This text of 260 A.D.2d 190 (People v. Springer) 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. Springer, 260 A.D.2d 190, 686 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 3615 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered October 31, 1995, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and conspiracy in the second degree, and sentencing him to consecutive terms of 8V3 to 25 years and 62/s to 20 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his plea, after providing defendant with a full opportunity to advance his claims. The record of the plea reflects a full and complete allocution, and the momentary and innocuous conversation between the prosecutor and defendant, outside the presence of counsel, in which the prosecutor responded to a question from defendant, could not have affected the voluntariness of the plea.

We perceive no abuse of sentencing discretion. Concur— Ellerin, P. J., Sullivan, Wallach and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered October 31, 1995, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and conspiracy in the second degree, and sentencing him to consecutive terms of 8V3 to 25 years and 62/s to 20 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s motion to withdraw his plea, after providing defendant with a full opportunity to advance his claims. The record of the plea reflects a full and complete allocution, and the momentary and innocuous conversation between the prosecutor and defendant, outside the presence of counsel, in which the prosecutor responded to a question from defendant, could not have affected the voluntariness of the plea.

We perceive no abuse of sentencing discretion. Concur— Ellerin, P. J., Sullivan, Wallach and Rubin, JJ.

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Bluebook (online)

260 A.D.2d 190, 686 N.Y.S.2d 302, 1999 N.Y. App. Div. LEXIS 3615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-springer-nyappdiv-1999.