People v. Spinks, 227 A.D.2d 310 (N.Y. App. Div. 1st Dep't 1996). · Go Syfert
People v. Spinks, 227 A.D.2d 310 (N.Y. App. Div. 1st Dep't 1996). Cases Citing This Book View Copy Cite
19 citation events (4 in the last 25 years) across 1 distinct court.
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At page 310 “far from being coercive, defense counsel's advice . . . that the case could not be won, and”2 citing cases2 citing courts quote it
  • People v. Greer, 189 A.D.3d 2142 (N.Y. App. Div. 4th Dep't 2020).published
    In our view, "[f]ar from being coercive, defense counsel's advice . . . that the case could not be won, and" his realistic explanation of the benefits of accepting the plea offer under the circumstances, merely "fulfilled defense counsel's…
  • People v. Crosby, 195 A.D.3d 1602 (N.Y. App. Div. 4th Dep't 2021).published
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ralph Spinks, Also Known as Zeke Frazier, Also Known as Barry White
Appellate Division of the Supreme Court of the State of New York.
May 28, 1996.
Published opinion
227 A.D.2d 310
1996 N.Y. App. Div. LEXIS 6025
Cited by 18 opinions  |  Published

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered March 30, 1993, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, bail jumping in the first degree, robbery in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 2 to 4 years, 6 to 12 years and 21h to 5 years, respectively, unanimously affirmed.

Defendant’s motion to withdraw his plea was properly denied without a hearing, the record refuting defendant’s claim that his plea was coerced by his attorney, and otherwise demonstrating that the plea was voluntary and knowing (People v Woodard, 208 AD2d 411, lv denied 84 NY2d 1040). Far from being coercive, defense counsel’s advice, as related by defendant, that the case could not be won, and that the two, who had a prior social relationship, would have a chance of playing basketball together again only if defendant accepted the plea offer, fulfilled defense counsel’s duty to warn his client of the risks of going to trial. Concur — Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.