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People v. Formey

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2004
4 A.D.3d 134 (N.Y. App. Div. 2004)

Opinion

2815, 2815A, 2815B.

Decided February 10, 2004.

Judgments, Supreme Court, New York County (James Yates, J.), rendered February 15, 2002, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously affirmed.

Lauren B. Cardonsky, for Respondent.

Marianne Karas, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Sullivan, Lerner, JJ.


Defendant's challenges to the voluntariness of his pleas are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the pleas were knowing, intelligent and voluntary. The court did not threaten defendant with a heavier sentence if he proceeded to trial. While the court mentioned the possibility of lengthy, consecutive sentences, it also pointed out the minimum sentences permitted by law. There was nothing coercive in the court's explanation of defendant's sentencing exposure ( People v. Safa, 209 A.D.2d 199, lv denied 84 N.Y.2d 1038). Defendant's further contention that he was entitled to be advised of the effect of the pleas on sentences he might receive for future crimes is without merit ( People v. Parker, 309 A.D.2d 508).

The record establishes that defendant received effective assistance of counsel ( 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. Formey

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2004
4 A.D.3d 134 (N.Y. App. Div. 2004)
Case details for

People v. Formey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOAH FORMEY…

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

Date published: Feb 10, 2004

Citations

4 A.D.3d 134 (N.Y. App. Div. 2004)
771 N.Y.S.2d 345

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