People v. Camacho
| Decision Date | 14 June 1984 |
| Citation | 476 N.Y.S.2d 566,102 A.D.2d 728 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Gabriel CAMACHO, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
S. Robinson, New York City, for respondent.
C. Gurian, New York City, for defendant-appellant.
Before SANDLER, J.P., and CARRO, ASCH, SILVERMAN and FEIN, JJ.
Judgment, Supreme Court, New York County, rendered January 31, 1983 convicting defendant on his plea of guilty of robbery in the second degree, and sentencing him thereon as a juvenile offender to a term of imprisonment of 2 1/3 to 7 years, is unanimously reversed and vacated, on the law, defendant is permitted to withdraw his plea of guilty and reinstate his plea of not guilty, and the case is remanded to the trial court for further proceedings.
Defendant, involved in a gunpoint robbery of five people, pleaded guilty to the crimes of robbery in the second degree and criminal possession of a weapon in the third degree. At the time of the plea, and before the formal entry of the plea, the court stated to defendant that he was pleading guilty to a class C felony, "the maximum term of imprisonment you could receive is up to 15 years, you understand that Mr. Camacho?", to which defendant responded "yes." The court stated that it would sentence defendant to a term of 3 to 9 years on the robbery, and asked defendant whether he understood that, and defendant said, "yes." At the time of the plea, everyone--except of course the defendant--assumed that defendant was over 18 years old (almost 19) at the time of the crime and that his date of birth was February 28, 1963. It is not clear where this information came from. The district attorney says that was the date of birth according to NYSSID records. Defendant's attorney says that that was the date according to court records.
At the time of sentence however, defendant contended that his true date of birth was February 28, 1966, thus making him between 15 and 16 years old at the time of the crime, that he was therefore a juvenile offender so that the maximum permissible sentence on the robbery count would be 2 1/3 to 7 years. PL § 70.05(2)(d) and (3)(c). Accordingly defendant moved to withdraw his plea of guilty on the ground of "mutual mistake of fact."
The court denied the motion to withdraw the plea, but found that defendant was in fact 15 years old at the time of the crime, and accordingly dismissed the charge of possession of a weapon for lack of jurisdiction and sentenced defendant on the robbery charge to the maximum permissible on this charge for a juvenile offender, i.e., 2 1/3 to 7 years.
The court should have allowed defendant to withdraw his plea of guilty. In the circumstances in which it was made, the plea did not represent a "voluntary and intelligent choice among the alternative courses of action open to the defendant." North Carolina v. Alford, 400 U.S. 25, 31...
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...and the defendant's plea was not predicated upon any misapprehension as to the permissible range of sentencing (cf. People v. Camacho, 102 A.D.2d 728, 476 N.Y.S.2d 566). We also reject the defendant's contention that the court erred in denying his oral motion, made at the time of sentence, ......
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