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People v. Paris

Appellate Division of the Supreme Court of New York, First Department
May 29, 2003
305 A.D.2d 334 (N.Y. App. Div. 2003)

Opinion

1258

May 29, 2003.

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered February 13, 2002, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree, and sentencing him to concurrent terms of 5 years with 5 years post-release supervision, unanimously affirmed.

Zachary H. Johnson, for respondent.

Dolores Kanski, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ.


Defendant's challenge to the voluntariness of his plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court, although not required to, thoroughly advised defendant of the rights he was waiving ( see Boykin v. Alabama, 395 U.S. 238; People v. Garcia, 303 A.D.2d 258, 755 N.Y.S.2d 839). Defendant was not entitled to be warned of the impact of his conviction upon sentences he might receive for future crimes ( People v. Silvers, 163 A.D.2d 71, lv denied 76 N.Y.2d 865).

The record establishes that defendant received effective assistance of counsel ( see People v. Ford, 86 N.Y.2d 397, 404; People v. Garcia, supra).

Since defendant's prison sentence was the minimum permitted by law, discretionary review is foreclosed (CPL 470.20). We perceive no basis for reducing the term of defendant's post-release supervision.

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


Summaries of

People v. Paris

Appellate Division of the Supreme Court of New York, First Department
May 29, 2003
305 A.D.2d 334 (N.Y. App. Div. 2003)
Case details for

People v. Paris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE PARIS…

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

Date published: May 29, 2003

Citations

305 A.D.2d 334 (N.Y. App. Div. 2003)
759 N.Y.S.2d 653

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