People v. Castetter

2 Citing cases

  1. People v. Banks

    137 A.D.3d 1458 (N.Y. App. Div. 2016)   Cited 6 times

    This factual recitation was inconsistent with the crime to which he was pleading and, in fact, negated an element of that crime, namely that the victim be “incapable of consent by reason of being mentally disabled or mentally incapacitated” (Penal Law § 130.30[2] [emphasis added] ).County Court failed to conduct any further inquiry prior to accepting the plea in order “to ensure that defendant underst[ood] the nature of the charge and that the plea [was] intelligently entered” (People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; see People v. Castetter, 64 A.D.3d 1007, 1008–1009, 881 N.Y.S.2d 914 [2009] ; People v. Ocasio, 265 A.D.2d 675, 677, 697 N.Y.S.2d 368 [1999] ). Thus, under the unusual circumstances presented here, we are constrained to find that the court erred in denying defendant the opportunity to withdraw his plea, as the record fails to demonstrate that his plea was entered knowingly and intelligently (see People v. Johnson, 23 N.Y.3d at 975–976, 989 N.Y.S.2d 680, 12 N.E.3d 1109 ; People v. Worden, 22 N.Y.3d 982, 985–986, 980 N.Y.S.2d 317, 3 N.E.3d 654 [2013] ; People v. Marrero, 130 A.D.3d 1148, 1149, 13 N.Y.S.3d 649 [2015] ).

  2. People v. Marrero

    130 A.D.3d 1148 (N.Y. App. Div. 2015)   Cited 5 times

    While defendant was not required to recite facts establishing every element of the crime (see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 [2009] ), we cannot countenance a conviction that rests upon a misconception of the key element of forcible compulsion (see People v. Johnson, 23 N.Y.3d 973, 975–976, 989 N.Y.S.2d 680, 12 N.E.3d 1109 [2014] ; People v. Worden, 22 N.Y.3d 982, 985, 980 N.Y.S.2d 317, 3 N.E.3d 654 [2013] ; see also People v. Williams, 123 A.D.3d 240, 243–244, 995 N.Y.S.2d 559 [2014] ). Because the record fails to establish that defendant understood the nature of the charge or that his guilty plea was knowingly and intelligently entered, his plea must be vacated and the matter remitted to County Court (see People v. Johnson, 23 N.Y.3d at 976, 989 N.Y.S.2d 680 ; People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Castetter, 64 A.D.3d 1007, 1008–1009, 881 N.Y.S.2d 914 [2009] ; People v. Ramirez, 42 A.D.3d 671, 673, 839 N.Y.S.2d 327 [2007] ; People v. Pagan, 36 A.D.3d at 1164–1165, 828 N.Y.S.2d 665 ; People v. Makas, 273 A.D.2d 510, 511–512, 709 N.Y.S.2d 650 [2000] ).ORDERED that the judgment is reversed, on the law, plea vacated and matter remitted to the County Court of Rensselaer County for further proceedings not inconsistent with this Court's decision.