People v. Triscari

Appellate Division of the Supreme Court of New York

People v. Triscari

219 A.D.2d 859, 632 N.Y.S.2d 46, 1995 N.Y. App. Div. LEXIS 10983

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

DecidedSeptember 29, 1995

StatusPublished

Cited by1 cases

This text of 219 A.D.2d 859 (People v. Triscari) 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. Triscari, 219 A.D.2d 859, 632 N.Y.S.2d 46, 1995 N.Y. App. Div. LEXIS 10983 (N.Y. Ct. App. 1995).

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Opinion

Judgment unanimously affirmed. Memorandum: The record does not support the argument of defendant that his plea of guilty was coerced by the need to seek medical treatment. When defendant indicated that he felt forced into taking a plea by his need for medical treatment, Supreme Court discontinued the proceedings and stated that it would not accept a plea on that basis. Defendant was allowed to confer with his attorney, and only then admitted to the factual allegations underlying the charges. The record supports the conclusion that the plea was knowing, intelligent and voluntary (see, People v Creech, 183 AD2d 1079, 1080; People v Rodriguez, 182 AD2d 497, lv denied 79 NY2d 1053; cf., People v Greeman, 194 AD2d 397, 398, lv denied 82 NY2d 719). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J. — Attempted Robbery, 2nd Degree.) Present — Denman, P. J. Lawton, Doerr, Balio and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: The record does not support the argument of defendant that his plea of guilty was coerced by the need to seek medical treatment. When defendant indicated that he felt forced into taking a plea by his need for medical treatment, Supreme Court discontinued the proceedings and stated that it would not accept a plea on that basis. Defendant was allowed to confer with his attorney, and only then admitted to the factual allegations underlying the charges. The record supports the conclusion that the plea was knowing, intelligent and voluntary (see, People v Creech, 183 AD2d 1079, 1080; People v Rodriguez, 182 AD2d 497, lv denied 79 NY2d 1053; cf., People v Greeman, 194 AD2d 397, 398, lv denied 82 NY2d 719). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J. — Attempted Robbery, 2nd Degree.) Present — Denman, P. J. Lawton, Doerr, Balio and Boehm, JJ.

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Bluebook (online)

219 A.D.2d 859, 632 N.Y.S.2d 46, 1995 N.Y. App. Div. LEXIS 10983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-triscari-nyappdiv-1995.

Opinion

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