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People v. Tien

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1996
228 A.D.2d 280 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).


Defendant's claim that his plea was coerced by the court is unpreserved as a matter of law since he never moved to withdraw his plea or to vacate the judgment of conviction ( People v Lopez, 71 N.Y.2d 662). In any event, it was not coercive for the court to inform defendant as to the possible sentences available under the indictment ( People v. Crafton, 159 A.D.2d 271, 272, lv denied 76 N.Y.2d 733). The record does not support defendant's claim that the court "threatened" to impose a greater sentence if defendant opted to go to trial, and the lengthy plea colloquy otherwise shows that the plea was voluntary and knowing.

Concur — Rosenberger, J.P., Wallach, Nardelli and Tom, JJ.


Summaries of

People v. Tien

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1996
228 A.D.2d 280 (N.Y. App. Div. 1996)
Case details for

People v. Tien

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN TIEN, Appellant

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

Date published: Jun 13, 1996

Citations

228 A.D.2d 280 (N.Y. App. Div. 1996)
643 N.Y.S.2d 345

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