The People v. Larry Brown

New York Court of Appeals

The People v. Larry Brown

63 N.E.3d 68, 28 N.Y.3d 982

CourtNew York Court of Appeals

DecidedOctober 20, 2016

Docket218 SSM 23

StatusPublished

Cited by3 cases

This text of 63 N.E.3d 68 (The People v. Larry Brown) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The People v. Larry Brown, 63 N.E.3d 68, 28 N.Y.3d 982 (N.Y. 2016).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s claims regarding the voluntariness of his plea lack merit, and the Appellate Division properly affirmed the trial court’s denial of defendant’s motion to withdraw his guilty plea.

Additionally, defendant was sentenced as a first felony offender to a lawful prison term, 2V3 to 7 years, for such an offender. Defendant’s new argument on this appeal—contrary to his assertion to the plea court—that his status as a first felony offender is erroneous; that, thus, his sentence is illegal as a matter of law; and that he must be resentenced as a second felony offender, is not established on this record. Accordingly, his request for resentencing, made for the first time on this direct appeal, fails, without prejudice to defendant, if he be so advised, moving pursuant to CPL 440.20 for resentencing.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s claims regarding the voluntariness of his plea lack merit, and the Appellate Division properly affirmed the trial court’s denial of defendant’s motion to withdraw his guilty plea.

Additionally, defendant was sentenced as a first felony offender to a lawful prison term, 2V3 to 7 years, for such an offender. Defendant’s new argument on this appeal—contrary to his assertion to the plea court—that his status as a first felony offender is erroneous; that, thus, his sentence is illegal as a matter of law; and that he must be resentenced as a second felony offender, is not established on this record. Accordingly, his request for resentencing, made for the first time on this direct appeal, fails, without prejudice to defendant, if he be so advised, moving pursuant to CPL 440.20 for resentencing.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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63 N.E.3d 68, 28 N.Y.3d 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-larry-brown-ny-2016.

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