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People v. Parker

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 2003
309 A.D.2d 508 (N.Y. App. Div. 2003)

Opinion

1736

October 2, 2003.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 30, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Beth Fisch Cohen, for respondent.

Dolores Kanski, for defendant-appellant.

Before: Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ.


The court properly denied defendant's motion to withdraw his guilty plea, since the record refuted his conclusory claims and established that defendant knowingly, intelligently and voluntarily pleaded guilty. The plea allocution thoroughly advised defendant of the rights he was waiving (see Boykin v. Alabama, 395 U.S. 238). We specifically note that this Court has repeatedly rejected the argument that a defendant who pleads guilty is entitled to be advised of the effect of the plea on sentences he or she might receive for future crimes (see e.g. People v. Paris, 305 A.D.2d 334; People v. Shivers, 297 A.D.2d 584, lv denied 99 N.Y.2d 564).

The record also establishes that counsel provided effective assistance in connection with the plea (see People v. Ford, 86 N.Y.2d 397, 404;People v. Garcia, 303 A.D.2d 258). We have considered and rejected defendant's remaining claims.

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


Summaries of

People v. Parker

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 2003
309 A.D.2d 508 (N.Y. App. Div. 2003)
Case details for

People v. Parker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER PARKER…

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

Date published: Oct 2, 2003

Citations

309 A.D.2d 508 (N.Y. App. Div. 2003)
765 N.Y.S.2d 245

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