The People v. Simmons

Appellate Division of the Supreme Court of New York

The People v. Simmons

295 A.D.2d 107, 742 N.Y.S.2d 819, 2002 N.Y. App. Div. LEXIS 5873

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

DecidedJune 4, 2002

StatusPublished

This text of 295 A.D.2d 107 (The People v. Simmons) 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

The People v. Simmons, 295 A.D.2d 107, 742 N.Y.S.2d 819, 2002 N.Y. App. Div. LEXIS 5873 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered January 13, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The record of defendant’s plea allocution clearly establishes that he understood the proceedings and that he pleaded guilty knowingly, intelligently and voluntarily. There was nothing coercive about the court’s brief reference to the minimum sentence that defendant would have faced had he been convicted after trial (see, People v Lewis, 243 AD2d 402, lv denied 91 NY2d 974). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

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—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered January 13, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The record of defendant’s plea allocution clearly establishes that he understood the proceedings and that he pleaded guilty knowingly, intelligently and voluntarily. There was nothing coercive about the court’s brief reference to the minimum sentence that defendant would have faced had he been convicted after trial (see, People v Lewis, 243 AD2d 402, lv denied 91 NY2d 974). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

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Bluebook (online)

295 A.D.2d 107, 742 N.Y.S.2d 819, 2002 N.Y. App. Div. LEXIS 5873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-simmons-nyappdiv-2002.

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