People v. Kelley, 114 A.D.3d 1229 (N.Y. App. Div. 2014). · Go Syfert
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People v. Kelley, 114 A.D.3d 1229 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …the court's statements do not amount to a description of the range of potential sentences but, rather, they constitute impermissible coercion, rendering the plea involuntary and requiring its vacatur at p. 1230 ✓
14 citation events (14 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Moss
N.Y. App. Div. · 2021 · confidence medium
Here, defendant stated that the court in the prior proceeding coerced him into pleading guilty to a reduced charge by threatening to impose the maximum sentence if he were convicted after a trial. "[A] threat to impose a maximum sentence if the defendant is convicted goes beyond a description of the possible sentencing exposure and has consistently been held impermissibly coercive" ( People v Fisher , 70 AD3d 114, 117 [1st Dept 2009]; see People v Boyde , 122 AD3d 1302, 1302-1303 [4th Dept 2014]; People v Kelley , 114 AD3d 1229, 1230 [4th Dept 2014]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2016 · confidence medium
We agree. “[T]he court’s statements do not amount to a description of the range of potential sentences but, rather, they constitute impermissible coercion, rendering the plea involuntary and requiring its vacatur” (People v Kelley, 114 AD3d 1229, 1230 [2014] [internal quotation marks omitted]; see People v Boyde, 122 AD3d 1302, 1302-1303 [2014]).
discussed Cited as authority (rule) WILLIAMS, SPENCER, PEOPLE v
N.Y. App. Div. · 2016 · confidence medium
We agree. “[T]he court’s statements do not amount to a description of the range of potential sentences but, rather, they constitute impermissible coercion, rendering the plea involuntary and requiring its vacatur” (People v Kelley, 114 AD3d 1229, 1230 [internal quotation marks omitted]; see People v Boyde, 122 AD3d 1302 , 1302- 1303).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2016 · confidence medium
We agree. “[T]he court’s statements do not amount to a description of the range of potential sentences but, rather, they constitute impermissible coercion, rendering the plea involuntary and requiring its vacatur” (People v Kelley, 114 AD3d 1229, 1230 [2014] [internal quotation marks omitted]; see People v Boyde, 122 AD3d 1302, 1302-1303 [2014]).
discussed Cited as authority (rule) People v. Quinones
N.Y. App. Div. · 2015 · confidence medium
We conclude that the court thereby threatened defendant with a greater term of incarceration in the event that defendant did not sign the waiver, thus rendering the court’s colloquy concerning the waiver impermissibly coercive (see People v Trinidad-Ayala, 114 AD3d 1229, 1229 [2014], lv denied 23 NY3d 1044 [2014]).
discussed Cited as authority (rule) People v. Quinones
N.Y. App. Div. · 2015 · confidence medium
We conclude that the court thereby threatened defendant with a greater term of incarceration in the event that defendant did not sign the waiver, thus rendering the court’s colloquy concerning the waiver impermissibly coercive (see People v Trinidad-Ayala, 114 AD3d 1229, 1229 [2014], lv denied 23 NY3d 1044 [2014]).
cited Cited as authority (rule) People v. Pitcher
N.Y. App. Div. · 2015 · confidence medium
Initially, we agree with defendant that his waiver of the right to appeal was not valid (see People v Trinidad-Ayala, 114 AD3d 1229, 1229 [2014], lv denied 23 NY3d 1044 [2014]).
cited Cited as authority (rule) People v. Pitcher
N.Y. App. Div. · 2015 · confidence medium
Initially, we agree with defendant that his waiver of the right to appeal was not valid (see People v Trinidad-Ayala, 114 AD3d 1229, 1229 [2014], lv denied 23 NY3d 1044 [2014]).
discussed Cited "see" People v. Shields
N.Y. App. Div. · 2020 · signal: see · confidence high
Here, we agree with defendant that "the court's statements do not amount to a description of the range of the potential sentences but, rather, they constitute impermissible coercion, rendering the plea involuntary and requiring its vacatur' " ( Flinn , 60 AD3d at 1305 ; see People v Kelley , 114 AD3d 1229, 1230 [4th Dept 2014]).
discussed Cited "see" People v. Boyde
N.Y. App. Div. · 2014 · signal: see · confidence high
We agree with defendant that “the court’s statement [ ] do[es] not amount to a description of the range of the potential sentences but, rather, [it] constitutes impermissible coercion, ‘rendering the plea involuntary and requiring its vacatur’ ” (People v Flinn, 60 AD3d 1304, 1305 [2009]; see People v Kelley, 114 AD3d 1229, 1230 [2014]).
discussed Cited "see" People v. Boyde
N.Y. App. Div. · 2014 · signal: see · confidence high
We agree with defendant that “the court’s statement [ ] do[es] not amount to a description of the range of the potential sentences but, rather, [it] constitutes impermissible coercion, ‘rendering the plea involuntary and requiring its vacatur’ ” (People v Flinn, 60 AD3d 1304, 1305 [2009]; see People v Kelley, 114 AD3d 1229, 1230 [2014]).
discussed Cited "see" BOYDE, JOHNNY, PEOPLE v
N.Y. App. Div. · 2014 · signal: see · confidence high
We agree with defendant that “the court’s statement[] do[es] not amount to a description of the range of the potential sentences but, rather,[it] constitutes impermissible coercion, ‘rendering the plea -2- 1076 KA 13-00991 involuntary and requiring its vacatur’ ” (People v Flinn, 60 AD3d 1304, 1305 ; see People v Kelley, 114 AD3d 1229, 1230 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jayson M. Kelley
Appellate Division of the Supreme Court of the State of New York.
Feb 14, 2014.
114 A.D.3d 1229
Cited by 8 opinions  |  Published

Appeal from a judgment of the Onondaga County Court[*1230] (Anthony F. Aloi, J.), rendered June 3, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, and the matter is remitted to Onondaga County Court for further proceedings on the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30 [2]) and robbery in the first degree (§ 160.15 [3]). Pursuant to the terms of the plea agreement, County Court imposed concurrent, determinate terms of incarceration of 20 years. Defendant contends that the court erred in denying his motion to withdraw his guilty plea on the ground that it was coerced by the court’s statements concerning the potential terms of incarceration in the event that he was convicted following a trial. We agree with defendant that “the court’s statements do not amount to a description of the range of potential sentences but, rather, they constitute impermissible coercion, ‘rendering the plea involuntary and requiring its vacatur’ ” (People v Flinn, 60 AD3d 1304, 1305 [2009]; see People v Fanini, 222 AD2d 1111, 1111 [1995]). In light of our decision, we do not address defendant’s remaining contentions. Present — Scudder, PJ., Smith, Centra, Carni and Whalen, JJ.