People v. Tien

Appellate Division of the Supreme Court of New York

People v. Tien

228 A.D.2d 280, 643 N.Y.2d 345, 643 N.Y.S.2d 345, 1996 N.Y. App. Div. LEXIS 6705

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

DecidedJune 13, 1996

StatusPublished

Cited by4 cases

This text of 228 A.D.2d 280 (People v. Tien) 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. Tien, 228 A.D.2d 280, 643 N.Y.2d 345, 643 N.Y.S.2d 345, 1996 N.Y. App. Div. LEXIS 6705 (N.Y. Ct. App. 1996).

Pincite

Opinion

[281]*281Defendant’s claim that his plea was coerced by the court is unpreserved as a matter of law since he never moved to withdraw his plea or to vacate the judgment of conviction (People v Lopez, 71 NY2d 662). In any event, it was not coercive for the court to inform defendant as to the possible sentences available under the indictment (People v Crafton, 159 AD2d 271, 272, lv denied 76 NY2d 733). The record does not support defendant’s claim that the court "threatened” to impose a greater sentence if defendant opted to go to trial, and the lengthy plea colloquy otherwise shows that the plea was voluntary and knowing. Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.

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[281]*281Defendant’s claim that his plea was coerced by the court is unpreserved as a matter of law since he never moved to withdraw his plea or to vacate the judgment of conviction (People v Lopez, 71 NY2d 662). In any event, it was not coercive for the court to inform defendant as to the possible sentences available under the indictment (People v Crafton, 159 AD2d 271, 272, lv denied 76 NY2d 733). The record does not support defendant’s claim that the court "threatened” to impose a greater sentence if defendant opted to go to trial, and the lengthy plea colloquy otherwise shows that the plea was voluntary and knowing. Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.

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Bluebook (online)

228 A.D.2d 280, 643 N.Y.2d 345, 643 N.Y.S.2d 345, 1996 N.Y. App. Div. LEXIS 6705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tien-nyappdiv-1996.

Opinion

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