People v. Stephens, 188 A.D.2d 345 (N.Y. App. Div. 1992). · Go Syfert
People v. Stephens, 188 A.D.2d 345 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
13 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Banyan (nysupct, 2007-01-24)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Banyan
N.Y. Sup. Ct. · 2007 · confidence medium
“It is not coercive for a court to inform a defendant as to the possible sentence available under the indictment” (People v Stephens, 188 AD2d 345, 345-346 [1992], lv denied 81 NY2d 893 [1993]). “[A] court does not exert undue pressure upon a defendant merely by imparting a reasonable assessment of his sentencing prospects should he be convicted of the offenses charged in the indictment” (Britt v State of New York, 260 AD2d 6, 13 [1999], lv denied 95 NY2d 753 [2000]).
cited Cited "see, e.g." People v. Lewis
N.Y. Sup. Ct. · 1995 · signal: see also · confidence low
Indeed that ruling is legally correct (People v Crafton, 159 AD2d 271 ; see also, People v Stephens, 188 AD2d 345 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Robert Stephens
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 1992.
188 A.D.2d 345
Cited by 12 opinions  |  Published

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered September 5, 1990, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree and sentencing him, as a violent predicate felon, to a term of five to ten years, unanimously affirmed.

Defendant claims that he did not enter his guilty plea voluntarily since the court induced the plea by threatening a heavier sentence if he proceeded to trial. Defendant never objected at sentencing, moved to withdraw his plea under CPL 220.60 or moved to vacate the judgment of conviction under CPL 440.10, and thus this claim is unpreserved for review (People v Lopez, 71 NY2d 662). Were we to consider the issue in the interest of justice we would find it to be without merit. It is not coercive for a court to inform a defendant as to the[*346] possible sentence available under the indictment (People v Crafton, 159 AD2d 271, 272, lv denied 76 NY2d 733). Therefore, the plea was in all respects voluntary.

Nor was defendant denied his statutory right to address the court at sentencing. Again, defendant did not make a timely objection, thus failing to preserve this claim as a matter of law. In any event, defendant was permitted to address the court at length and repeatedly reiterated that he was not withdrawing his plea. Concur — Sullivan, J. P., Milonas, Kupferman and Ross, JJ.