From Casetext: Smarter Legal Research

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1993
191 A.D.2d 209 (N.Y. App. Div. 1993)

Opinion

March 4, 1993

Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).


The record of the plea proceeding demonstrates that, rather than face trial and a possible sentence of 25 years to life imprisonment and in light of the People's recommendation of a sentence of 20 years to life, defendant chose to plead guilty to avail himself of the court's promise of the minimum possible sentence and that the plea was knowingly and voluntarily entered. Although defendant at first denied possessing the requisite intent to commit the crime, he admitted stabbing the victim, his estranged girlfriend, numerous times, and, after several bench conferences and consultation with his attorney, he admitted intent as well. In light of these admissions, there was no need for the court to conduct any further inquiry (People v. Alford, 167 A.D.2d 232, lv denied 77 N.Y.2d 835). Nothing in the probation report, available to the court at sentencing, or in defendant's demeanor required that further inquiry be made into possible defenses or impairment of defendant's ability to intelligently enter a plea due to his medication.

Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1993
191 A.D.2d 209 (N.Y. App. Div. 1993)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RIVERA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 4, 1993

Citations

191 A.D.2d 209 (N.Y. App. Div. 1993)
594 N.Y.S.2d 209

Citing Cases

People v. Washington

Defendant's contention that he did not enter a knowing and voluntary plea based upon his factual recitation…

People v. Molina

Defendant's plea was knowingly and voluntarily entered. He admitted possessing the requisite intent to commit…