From Casetext: Smarter Legal Research

People v. Spinks

Appellate Division of the Supreme Court of New York, First Department
May 28, 1996
227 A.D.2d 310 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

Appeal from the Supreme Court, New York County (Ira Beal, J.).


Defendant's motion to withdraw his plea was properly denied without a hearing, the record refuting defendant's claim that his plea was coerced by his attorney, and otherwise demonstrating that the plea was voluntary and knowing ( People v. Woodard, 208 A.D.2d 411, lv denied 84 N.Y.2d 1040). Far from being coercive, defense counsel's advice, as related by defendant, that the case could not be won, and that the two, who had a prior social relationship, would have a chance of playing basketball together again only if defendant accepted the plea offer, fulfilled defense counsel's duty to warn his client of the risks of going to trial.

Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.


Summaries of

People v. Spinks

Appellate Division of the Supreme Court of New York, First Department
May 28, 1996
227 A.D.2d 310 (N.Y. App. Div. 1996)
Case details for

People v. Spinks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH SPINKS, Also…

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

Date published: May 28, 1996

Citations

227 A.D.2d 310 (N.Y. App. Div. 1996)
643 N.Y.S.2d 54

Citing Cases

People v. Walsh

The record establishes that the court explained the ramifications of the plea and waiver in sufficient…

People v. Rodas

On this record, we see no reason to disturb the County Court's determination as to the credibility of the…