People v. Williams, 35 A.D.3d 971 (N.Y. App. Div. 2006). · Go Syfert
People v. Williams, 35 A.D.3d 971 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Trimm (nyappdiv, 2015-06-11)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Trimm
N.Y. App. Div. · 2015 · confidence medium
Defendant’s claim that he had been under the influence of drugs at the time of the plea is in direct conflict with his acknowledgment during the allocution that he was not under the influence of any such substance, and he offered no evidence to support his assertion that his mental state prevented him from entering a voluntary guilty plea (see People v Johnson, 77 AD3d 986, 986 [2010], lv denied 16 NY3d 743 [2011]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Obert, 1 AD3d 631, 631-632 [2003], lv denied 2 NY3d 764 [2004]).
discussed Cited as authority (rule) People v. Beniquez
N.Y. App. Div. · 2013 · confidence medium
Further, while defendant “was not required to recite the elements of his crime or engage in a factual exposition,” County Court did not pose any questions, read the count of the indictment, or explain the crime (or its elements) to which he was entering a plea, so as to “establish the elements of the crime” (People v White, 84 AD3d 1641, 1641 [2011], lv denied 18 NY3d 887 [2012] [internal quotation marks and citation omitted]); nor did defendant provide “unequivocal . . . responses” or “indicate[ ] that he was entering the plea because he was, in fact, guilty” (People v William…
discussed Cited as authority (rule) People v. Beniquez
N.Y. App. Div. · 2013 · confidence medium
Further, while defendant “was not required to recite the elements of his crime or engage in a factual exposition,” County Court did not pose any questions, read the count of the indictment, or explain the crime (or its elements) to which he was entering a plea, so as to “establish the elements of the crime” (People v White, 84 AD3d 1641, 1641 [2011], lv denied 18 NY3d 887 [2012] [internal quotation marks and citation omitted]); nor did defendant provide “unequivocal . . . responses” or “indicate[ ] that he was entering the plea because he was, in fact, guilty” (People v William…
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2011 · confidence medium
Additionally, defendant “was not required to recite the elements of the crime or engage in a factual exposition” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; see People v Board, 75 AD3d at 834; People v Campbell, 66 AD3d at 1060 ).
discussed Cited as authority (rule) People v. Shurock
N.Y. App. Div. · 2011 · confidence medium
Contrary to defendant’s assertion, he “was not required to recite the elements of the crime or engage in a factual exposition” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]), as his affirmative responses to County Court’s inquiries, coupled with his own statement, were sufficient to establish his guilt (see People v Singletary, 51 AD3d 1334, 1335 [2008], lv denied 11 NY3d 741 [2008]; see generally People v Board, 75 AD3d 833, 834 [2010]).
discussed Cited as authority (rule) People v. Russell
N.Y. App. Div. · 2010 · confidence medium
Finally, defendant’s conclusory assertions regarding his health issues, which were “unsupported by any medical proof, . . . did not raise a sufficient question of fact regarding the voluntariness of his plea so as to require an evidentiary hearing” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; compare People v D’Adamo, 281 AD2d 751, 753 [2001]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2010 · confidence medium
Lastly, defendant acknowledged that he was not under the influence of any medication at the time he entered his guilty plea, he had discussed the plea agreement with counsel and understood its terms, and he offered no evidence to substantiate the claim that his mental state prevented him from entering a voluntary guilty plea (see People v Ashley, 71 AD3d 1286, 1287-1288 [2010]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Mattison
N.Y. App. Div. · 2010 · confidence medium
In addition, defendant’s self-serving claim that he was under the influence of methamphetamine at the time of the plea is contrary to the court’s own impressions of him during the plea colloquy (see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Criscitello, 32 AD3d 1112, 1113-1114 [2006]; People v Fletcher, 24 AD3d 127 , 128 [2005], lv denied 6 NY3d 812 [2006].
discussed Cited as authority (rule) People v. Glynn
N.Y. App. Div. · 2010 · confidence medium
In any event, despite defendant’s contentions to the contrary, he verbally confirmed during the plea allocution that he was not on any medication or drugs that impaired his ability to comprehend the proceedings, and it was not necessary for him to personally recite either the elements or the underlying facts of the crime (see People v Smith, 57 AD3d at 1237 ; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Bagley, 34 AD3d 992, 993 [2006], lv denied 8 NY3d 878 [2007]).
discussed Cited as authority (rule) People v. Moran
N.Y. App. Div. · 2010 · confidence medium
While defendant may raise this claim in the absence of an appeal waiver despite the fact that it was an agreed-upon sentence (see People v Pollenz, 67 NY2d 264, 268 [1986]), given that he received the minimum available sentence as a persistent violent felony offender (see Penal Law § 70.08 [2], [3] [c]) for this class D violent felony (see Penal Law § 70.02 [1] [b], [c]), his claim is meritless (see People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]; see also CPL 470.20 [6]).
discussed Cited as authority (rule) People v. Milstead
N.Y. App. Div. · 2009 · confidence medium
The record reflects that defendant received a favorable plea and there is nothing that casts doubt on the effectiveness of his counsel (see People v Ford, 86 NY2d 397, 404 [1995]; People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Rubeo
N.Y. App. Div. · 2009 · confidence medium
Furthermore, defendant did not support her claim of mistake with any evidence beyond the clerk’s minutes and transcript of the plea allocution—she did not, for example, submit a sworn statement on her own behalf or from her former defense counsel in connection with the motion to withdraw (see People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]; People v Adams, 31 AD3d 1063, 1065-1066 [2006], lv denied 7 NY3d 845 [2006]).
discussed Cited as authority (rule) People v. Patnode
N.Y. App. Div. · 2009 · confidence medium
Even if we were to consider his claims regarding his plea, defendant’s allocution contained “unequivocal affirmative responses to [County C]ourt’s questions,” an unambiguous declaration that he was guilty and a total absence of any “statements negating his guilt” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; see People v Johnson, 54 AD3d 1133, 1133 [2008]).
discussed Cited as authority (rule) People v. Ramos
N.Y. App. Div. · 2008 · confidence medium
The unequivocal affirmative responses of defendant to County Court’s questions established all of the essential elements of murder in the second degree (see People v Smith, 227 AD2d 655, 656 [1996], lv denied 88 NY2d 994 [1996]; see also People v Pickett, 49 AD3d 1207 [2008], lv denied 10 NY3d 963 [2008]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Hyson
N.Y. App. Div. · 2008 · confidence medium
In any event, a recitation of the elements of the crime is not required where, as here, defendant “provided unequivocal affirmative responses to the court’s questions, never made statements negating his guilt and indicated that he was entering the plea because he was, in fact, guilty” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; see People v Anderson, 38 AD3d 1061, 1062 [2007], lv denied 8 NY3d 981 [2007] ).
cited Cited as authority (rule) People v. Gilmour
N.Y. App. Div. · 2008 · confidence medium
People v Nelson, 51 AD3d 1137, 1138 [2008]; People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Corbett
N.Y. App. Div. · 2008 · confidence medium
Defendant affirmed that he had adequate time to consider the plea, had discussed the matter with counsel and was pleading guilty of his own volition because he was, in fact, guilty (see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Decker, 32 AD3d 1079, 1080 [2006]).
discussed Cited as authority (rule) People v. Singletary
N.Y. App. Div. · 2008 · confidence medium
Notably, “[defendant was not required to recite the elements of the crime or engage in a factual exposition, as it was sufficient that he provided unequivocal affirmative responses to the court’s questions, never made statements negating his guilt and indicated that he was entering the plea because he was, in fact, guilty” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Quinones
N.Y. App. Div. · 2008 · confidence medium
Specifically, in response to the court’s questioning, defendant accurately stated the street address of the subject location and clearly explained how he entered the apartment and his purpose for doing so (cf. People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Nelson
N.Y. App. Div. · 2008 · confidence medium
Defendant indicated that his counsel had explained the nature of a trial on stipulated facts, that he understood what was going on, and that he would be convicted and sentenced as contemplated in the earlier negotiated plea agreement (see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Bowman, 34 AD3d 935, 937 [2006], lv denied 8 NY3d 844 [2007]).
discussed Cited as authority (rule) People v. Pickett
N.Y. App. Div. · 2008 · confidence medium
Rather, “it was sufficient that [defendant] provided unequivocal affirmative responses to the court’s questions, never made statements negating his guilt and indicated that he was entering the plea because he was, in fact, guilty” (People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Zammett
N.Y. App. Div. · 2008 · signal: cf. · confidence medium
If defendant—who entered a knowing, voluntary and intelligent plea—had been sentenced on the charge of criminal possession of a controlled substance in the third degree alone, a challenge to the severity of that sentence would not be wholly frivolous because he received more than the minimum with respect to that charge and did not waive his right to appeal (see People v Stokes, 95 NY2d at 635-636 ; cf. People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. White (2×)
N.Y. App. Div. · 2008 · confidence medium
However, upon review of the record—including his sworn statement during his plea colloquy that he was satisfied with counsel’s representation—we find nothing that casts doubt upon the effectiveness of defendant’s retained counsel (see People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Wyant
N.Y. App. Div. · 2008 · confidence medium
Under the circumstances presented here, we find no improvidence in County Court’s denial of defendant’s motion without an evidentiary hearing, given that it was premised solely on his conclusory and unsworn allegations of coercion and duress which are unsupported by anything in the record (see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Bowman, 34 AD3d 935, 937 [2006]), lv denied 8 NY3d 844 [2007]).
discussed Cited as authority (rule) People v. Kennedy
N.Y. App. Div. · 2007 · confidence medium
It was not required that defendant himself recite the elements of the crime or to engage in a recitation of the underlying facts (see People v Seeber, 4 NY3d 780, 781 [2005]; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Newcomb
N.Y. App. Div. · 2007 · confidence medium
Finally, defendant’s challenge that her sentence is harsh and excessive is unavailing as she received the minimum possible sentence for a second felony offender convicted of a class E felony (see Penal Law § 70.06 [3] [e]; [4] [b]; People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited as authority (rule) People v. Cross
N.Y. App. Div. · 2007 · confidence medium
Finally, with respect to defendant’s claims of ineffective assistance of counsel, we find that defendant received an advantageous plea to the extent that it reduced his sentence exposure and, aside from speculation, nothing in the record casts doubt upon his counsel’s effectiveness (see People v Williams, 35 AD3d 971, 973 [2006]).
discussed Cited as authority (rule) People v. Riddick
N.Y. App. Div. · 2007 · confidence medium
Initially, we find that the brief references to an appeal waiver during the plea allocution were not adequate to give it effect, given the absence of an explanation of it on the record or any indication that defendant had discussed it with counsel or understood its meaning (see People v Williams, 35 AD3d 971, 973 [2006], lv denied 8 NY3d 928 [2007]; People v Phillips, 28 AD3d 939, 939 [2006], lv denied 7 NY3d 761 [2006]; see also People v Lopez, 6 NY3d 248, 254 [2006]; People v Callahan, 80 NY2d 273, 283 [1992]; cf. People v Crowley, 34 AD3d 866, 866-867 [2006], lv denied 7 NY3d 924 [2006]).
cited Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2007 · confidence medium
Upon our review of the record, we share that view (see People v Williams, 35 AD3d 971, 973 [2006]).
discussed Cited "see" People v. Bolden
N.Y. App. Div. · 2010 · signal: see · confidence high
Defendant was convicted of a class C felony and sentenced as a second violent felony offender; thus, there is no “legally authorized lesser sentence” (CPL 470.20 [6]; see People v Williams, 35 AD3d 971, 973 [2006], Iv denied 8 NY3d 928 [2007]) than the imposed seven-year prison term (see Penal Law § 70.04 [3] [b]).
discussed Cited "see" People v. Jenks
N.Y. App. Div. · 2010 · signal: see · confidence high
There was no requirement for the court to “specifically enumerate all the rights to which the defendant was entitled” (People v Harris, 61 NY2d 9, 16 [1983]; see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited "see" People v. Romano
N.Y. App. Div. · 2007 · signal: see · confidence high
Nor did defendant’s responses to County Court’s inquiries regarding the impact of the Paxil medication on his thinking and ability to understand the proceedings give any indication that he was “uninformed, confused or incompetent” during the plea colloquy (People v Alexander, 97 NY2d 482, 486 [2002]; see People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
discussed Cited "see, e.g." People v. Harrison
N.Y. App. Div. · 2008 · signal: see also · confidence medium
Inasmuch as there is nothing in the record to indicate that defendant was incompetent at the time of the plea and, indeed, counsel had previously acknowledged that defendant had the capacity to understand the proceedings, County Court did not abuse its discretion by accepting the plea without holding a competency hearing (see People v Mears, 16 AD3d at 918 ; People v Barclay, 1 AD3d at 706; People v Rowe, 284 AD2d at 796 ; see also People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Totman, 269 AD2d 617, 618 [2000], lv denied 95 NY2d 839 [2000]).
discussed Cited "see, e.g." People v. Stokely
N.Y. App. Div. · 2008 · signal: see also · confidence medium
In any event, it is devoid of merit, as the record reflects that he was advised of the rights he was foregoing by the plea and the consequences thereof, which he indicated he understood, including his sentencing exposure and his status as a second felony offender (see People v Bowman, 34 AD3d 935, 937 [2006], lv denied 8 NY3d 844 [2007]; see also People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James Williams
Appellate Division of the Supreme Court of the State of New York.
Dec 14, 2006.
35 A.D.3d 971
Spain.
Cited by 37 opinions  |  Published
Spain, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 14, 2005, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Pursuant to a negotiated agreement, defendant pleaded guilty to criminal possession of a controlled substance in the third degree in satisfaction of a two-count indictment and a pending assault charge. Prior to sentencing, defendant retained substitute counsel and moved to withdraw his plea, which County Court denied following an extensive inquiry. Sentenced as an admitted second felony offender to the agreed-upon term of imprisonment of 4x/2 to 9 years, defendant now appeals.

[*972] Initially, while defendant’s motion to withdraw his plea preserved some of the involuntariness claims now raised on appeal (see People v Pace, 284 AD2d 806, 807 [2001], lv denied 97 NY2d 686 [2001]), a review of the plea colloquy demonstrates that County Court fully apprised defendant of his rights and of the consequences of the plea; the court conducted a sufficient inquiry to establish that defendant understood the proceedings, had ample time to confer with counsel and consider the plea offer, and was entering the plea voluntarily (see People v Decker, 32 AD3d 1079, 1080 [2006]; People v Barnaby, 30 AD3d 775, 776 [2006]; People v Kagonyera, 23 AD3d 840, 841 [2005]). Defendant was not required to recite the elements of the crime or engage in a factual exposition, as it was sufficient that he provided unequivocal affirmative responses to the court’s questions, never made statements negating his guilt and indicated that he was entering the plea because he was, in fact, guilty (see People v Turner, 27 AD3d 962, 963 [2006]; see also People v Lopez, 71 NY2d 662, 665 [1988]).

We find no basis to disturb County Court’s discretionary determination to deny defendant’s motion to withdraw his plea (see People v Seeber, 4 NY3d 780 [2005]; People v De Fabritis, 296 AD2d 664, 664-665 [2002], lv denied 99 NY2d 557 [2002]; see also CPL 220.60 [3]; cf. People v D’Adamo, 281 AD2d 751, 752 [2001]). Defendant asserted that his plea was involuntary because he was not receiving prescription medicine for mental health problems at the time of his plea. However, as the court noted in reviewing the plea minutes, there was no indication at the time of the plea that defendant suffered any mental deficiency or inability to think clearly or to. understand the consequences of and voluntarily enter a guilty plea (see People v Criscitello, 32 AD3d 1112, 1113-1114 [2006]; People v Hart, 205 AD2d 943 [1994]; see also People v D'Adamo, supra at 752). In response to the court’s plea inquiry, defendant stated that he was thinking clearly and had not taken any medication, never raising a concern about a lack of medicine. Defendant’s motion to withdraw his plea on this ground was based solely upon conclusory affidavits, unsupported by any medical proof, which did not raise a sufficient question of fact regarding the voluntariness of his plea so as to require an evidentiary hearing (see People v Alexander, 97 NY2d 482, 485-486 [2002]; People v Criscitello, supra at 1114; People v Obert, 1 AD3d 631, 631 [2003], lv denied 2 NY3d 764 [2004]; cf. People v D'Adamo, supra).

Defendant also alleged that his plea had been induced by a false promise that the related charges against his fiancée would[*973] be dismissed if he accepted the plea deal. No such promise appears in the plea colloquy, and its existence is belied by his sworn assertion to County Court during the plea proceedings that no other promises had been made to induce his guilty plea. Defendant’s unsworn allegation that trial counsel had made such a promise to him when they conferred during the plea proceedings was unsupported by any evidence despite defendant having the assistance of substitute counsel and an adjournment to substantiate that claim (see People v De Fabritis, supra at 665).

Turning to defendant’s claims of ineffective assistance of counsel, the record reflects that defendant received an advantageous plea to the lower level felony with a sentence commitment that was the minimum possible, and nothing in the record casts doubt upon counsel’s effectiveness (see People v Allen, 15 AD3d 689, 690 [2005]; People v Scott, 12 AD3d 716, 717 [2004]). Defendant’s assertion that trial counsel failed to discuss possible trial defenses is directly refuted by the plea colloquy (see People v Adams, 31 AD3d 1063, 1065 [2006], lv denied 7 NY3d 845 [2006]; People v Lahon, 17 AD3d 778, 779 [2005], lv denied 5 NY3d 790 [2005]).

Finally, defendant’s challenge to the sentence as harsh and excessive is unavailing, as he received the minimum permissible second felony offender term of imprisonment for this class B felony (see Penal Law § 70.06 [3] [b]; [4] [b]) and, thus, there is no “legally authorized lesser sentence” (CPL 470.20 [6]; see People v Anderson, 268 AD2d 228, 229 [2000], lv denied 95 NY2d 792 [2000]). We do not find, as the People urge, that defendant effected a valid waiver of his right to appeal foreclosing his right to challenge the sentence’s severity, as there was only a fleeting reference to an appeal waiver in the plea allocution (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 7-10 [1989]).

Cardona, PJ., Mercure, Carpinello and Mugglin, JJ., concur. Ordered that the judgment is affirmed.