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People v. Stevens

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2002
298 A.D.2d 267 (N.Y. App. Div. 2002)

Summary

holding that a defendant is coerced into pleading guilty when a trial judge indicates that the defendant is likely to receive a much heavier sentence after trial

Summary of this case from Friedman v. Rehal

Opinion

1356

October 24, 2002.

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 11, 1998, convicting defendant, after a guilty plea, of attempted burglary in the second degree, and sentencing him to a term of 12 years to life, unanimously reversed, on the law, the plea vacated and the matter remanded for further proceedings.

MINDY J. LEVINSON, for respondent.

JUDITH STERN, for defendant-appellant.

Before: Williams, P.J., Tom, Saxe, Friedman, Marlow, JJ.


Initially, we uphold the suppression determination, since the police officers had a reasonable suspicion to stop and briefly detain defendant, who fit the general description of the intruder provided by the building superintendent, as he was leaving the building.

However, defendant correctly contends that he should have been permitted to withdraw his guilty plea, because he was coerced into accepting the plea and forfeiting his right to trial by the court's assertion that if he declined the offered plea and was convicted at trial, the judge would sentence him to the maximum term possible.

The trial court, in the course of plea negotiations, told defendant, Mr. Stevens, I repeat, once we go forward, there will be no turning back. If you're convicted after trial, given the circumstances of this case under which you were apprehended and the nature of your record, 25 to life, that's what you're going to get.

This statement was more than a description of the full range of possible sentences, as the People suggest (see People v. Cornelio, 227 A.D.2d 248, lv denied 88 N.Y.2d 982). It was the type of outright coercion that has repeatedly been held to be impermissible (see People v. Ali, 277 A.D.2d 138, revd on other grounds 96 N.Y.2d 840; People v. Min, 249 A.D.2d 130; People v. Wilson, 245 A.D.2d 161, lv denied 91 N.Y.2d 946; People v. Fanini, 222 A.D.2d 1111; People v. Beverly, 139 A.D.2d 971; People v. Hollis, 74 A.D.2d 585, lv denied 49 N.Y.2d 1004). The judge did not impart a reasonable assessment of the sentencing prospects in the event of a conviction. It first unequivocally stated that upon a conviction, the maximum sentence would be imposed. Then, as defendant discussed the offer with his legal advisor, the court reminded defendant that if he was convicted after trial, the "perimeters" would "double" since he would "literally" get a life sentence.

The court's remarks clearly violate this Court's ruling in People v. Min ( 249 A.D.2d 130, 132), that a court wrongly burdens the defendant's exercise of his right to trial when it indicates he will receive the maximum sentence, or maximum consecutive sentences, after trial, but a significantly lighter sentence after a plea.

Additionally, defendant correctly contends that the court failed to comply with the statutorily mandated procedures for adjudicating him a predicate felon. Although during the plea discussions the court assured defendant that he would have an opportunity to challenge his predicate status at sentencing, the court actually sentenced defendant without allowing him to challenge the constitutionality of his prior convictions. When defendant interrupted the proceedings in an attempt to present his challenge to the New York conviction on grounds of ineffective assistance of counsel, the court not only summarily dismissed the allegation without giving him an opportunity to be heard, but erroneously informed him that the proper forum for his claim was the appellate court. Furthermore, defendant's efforts to interpose his constitutional challenge were effectively frustrated by the contrary view expressed in open court by his legal advisor to the effect that defendant's prior New York conviction was constitutional (see People v. Rozzell, 20 N.Y.2d 712). Therefore, even if defendant's guilty plea were not being vacated, the sentence would be vacated and the matter remanded for re-sentencing.

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


Summaries of

People v. Stevens

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2002
298 A.D.2d 267 (N.Y. App. Div. 2002)

holding that a defendant is coerced into pleading guilty when a trial judge indicates that the defendant is likely to receive a much heavier sentence after trial

Summary of this case from Friedman v. Rehal

During plea negotiations, judge trial judge stated: "`[O]nce we go forward, there will be no turning back. If you're convicted after trial, given the circumstances of this case under which you were apprehended and the nature of your record, 25 to life, that's what you're going to get.'" Defendant's plea was coerced "by the court's assertion that if he declined the offered plea and was convicted at trial, the judge would sentence him to the maximum term possible."

Summary of this case from Gomez v. Duncan
Case details for

People v. Stevens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PHILLIP STEVENS…

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

Date published: Oct 24, 2002

Citations

298 A.D.2d 267 (N.Y. App. Div. 2002)
748 N.Y.S.2d 589

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