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People v. Broadhead

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 2002
299 A.D.2d 194 (N.Y. App. Div. 2002)

Opinion

2190

November 12, 2002.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered June 12, 2001, convicting defendant, upon her plea of guilty, of criminal possession of a forged instrument in the second degree, and sentencing her, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

PRISCILLA STEWARD, for respondent.

JOAN P. SULLIVAN, for defendant-appellant.

Before: Buckley, J.P., Rubin, Friedman, Gonzalez, JJ.


Defendant's challenge to the voluntariness of her guilty plea is unpreserved (People v. Lopez, 71 N.Y.2d 662), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the plea was knowing, intelligent and voluntary. Since defendant was charged with multiple, separate acts, the court's warning to defendant of her possible exposure to consecutive sentencing upon conviction after trial was informative and not coercive (see People v. Pagan, 297 A.D.2d 582, 747 N.Y.S.2d 174). The court did not threaten to impose any particular sentence, but instead expressly stated that defendant's sentence would depend on her probation report and the facts adduced at trial. During the plea allocution itself, defendant unequivocally admitted her guilt, and defendant's denials of guilt during earlier proceedings did not impair the voluntariness of her plea (see People v. Negron, 222 A.D.2d 327, lv denied 88 N.Y.2d 882).

The existing record establishes that defendant received meaningful representation (see People v. Ford, 86 N.Y.2d 397, 404).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Broadhead

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 2002
299 A.D.2d 194 (N.Y. App. Div. 2002)
Case details for

People v. Broadhead

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SHANNON BROADHEAD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 12, 2002

Citations

299 A.D.2d 194 (N.Y. App. Div. 2002)
749 N.Y.S.2d 868