People v. Neil, 112 A.D.3d 1335 (N.Y. App. Div. 2013). · Go Syfert
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People v. Neil, 112 A.D.3d 1335 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Griffin
N.Y. App. Div. · 2014 · confidence medium
Finally, although defendant’s contention that defense counsel was ineffective for coercing him into accepting the plea agreement also survives his valid waiver of the right to appeal (see People v Neil, 112 AD3d 1335, 1336 [2013]), that contention is without merit.
discussed Cited as authority (rule) People v. Griffin
N.Y. App. Div. · 2014 · confidence medium
Finally, although defendant’s contention that defense counsel was ineffective for coercing him into accepting the plea agreement also survives his valid waiver of the right to appeal (see People v Neil, 112 AD3d 1335, 1336 [2013]), that contention is without merit.
discussed Cited as authority (rule) People v. Arney
N.Y. App. Div. · 2014 · confidence medium
Here, defendant failed to assert his innocence or raise a possible intoxication defense at sentencing when given the opportunity to address the court and, given the favorable plea negotiated by defense counsel, which significantly reduced his sentencing exposure, we conclude that defendant was afforded meaningful representation (see People v Neil, 112 AD3d 1335, 1336 [2013]).
discussed Cited as authority (rule) People v. Arney
N.Y. App. Div. · 2014 · confidence medium
Here, defendant failed to assert his innocence or raise a possible intoxication defense at sentencing when given the opportunity to address the court and, given the favorable plea negotiated by defense counsel, which significantly reduced his sentencing exposure, we conclude that defendant was afforded meaningful representation (see People v Neil, 112 AD3d 1335, 1336 [2013]).
discussed Cited "see" People v. Harris
N.Y. App. Div. · 2015 · signal: see · confidence high
In any event, we note that “no factual colloquy was required inasmuch as defendant pleaded guilty to a crime lesser than that charged in the indictment” (People v Richards, 93 AD3d 1240 , 1240 [2012], lv denied 20 NY3d 1014 [2013]; see People v Neil, 112 AD3d 1335 , 1336 [2013], lv denied 23 NY3d 1040 [2014]).
discussed Cited "see" People v. Harris
N.Y. App. Div. · 2015 · signal: see · confidence high
In any event, we note that “no factual colloquy was required inasmuch as defendant pleaded guilty to a crime lesser than that charged in the indictment” (People v Richards, 93 AD3d 1240 , 1240 [2012], lv denied 20 NY3d 1014 [2013]; see People v Neil, 112 AD3d 1335 , 1336 [2013], lv denied 23 NY3d 1040 [2014]).
discussed Cited "see" HARRIS, ANTHONY C., PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
In any event, we note that “no factual colloquy was required inasmuch as defendant pleaded guilty to a crime lesser than that charged in the indictment” (People v Richards, 93 AD3d 1240, 1240 , lv denied 20 NY3d 1014 ; see People v Neil, 112 AD3d 1335, 1336 , lv denied 23 NY3d 1040 ). -2- 182 KA 13-01174 Finally, the sentence is not unduly harsh or severe.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
David O. Neil
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2013.
112 A.D.3d 1335
Cited by 10 opinions  |  Published

Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered September 26, 2011. The judgment convicted defendant, upon his guilty plea, of attempted arson in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting[*1336] him, upon his guilty plea, of attempted arson in the second degree (Penal Law §§ 110.00, 150.15). Even assuming, arguendo, that defendant’s challenge to the factual sufficiency of the plea allocution has been preserved for our review (see generally People v Lopez, 71 NY2d 662, 665 [1988]), we conclude that defendant’s challenge lacks merit. Defendant “pleaded guilty to a crime lesser than that charged in the indictment,” and thus no factual colloquy was required (People v Richards, 93 AD3d 1240, 1240 [2012], lv denied 20 NY3d 1014 [2013]). Defendant further contends that he was denied effective assistance of counsel because defense counsel did not explore or address a possible defense of intoxication. Although defendant’s contention “survives his guilty plea ... to the extent that [he] contends that his plea was infected by the alleged ineffective assistance,” we conclude that defendant received meaningful representation inasmuch as he received “an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel” (People v Nieves, 299 AD2d 888, 889 [2002], lv denied 99 NY2d 631 [2003] [internal quotation marks omitted]; see People v Campbell, 106 AD3d 1507, 1508 [2013], lv denied 21 NY3d 1002 [2013]). Present — Smith, J.P., Fahey, Garni, Valentino and Whalen, JJ.