From Casetext: Smarter Legal Research

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 107 (N.Y. App. Div. 2002)

Opinion

1254

June 4, 2002.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered January 13, 2000, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

MICHAEL MINTCHWARNER, for Respondent,

MARIANNE KARAS, for Defendant-appellant.

Williams, P.J., Saxe, Buckley, Sullivan, Ellerin, JJ.


The record of defendant's plea allocution clearly establishes that he understood the proceedings and that he pleaded guilty knowingly, intelligently and voluntarily. There was nothing coercive about the court's brief reference to the minimum sentence that defendant would have faced had he been convicted after trial (see, People v. Lewis, 243 A.D.2d 402, lv denied 91 N.Y.2d 974).

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


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 2002
295 A.D.2d 107 (N.Y. App. Div. 2002)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TOBIS SIMMONS…

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

Date published: Jun 4, 2002

Citations

295 A.D.2d 107 (N.Y. App. Div. 2002)
742 N.Y.S.2d 819