People v. Cornelio
| Decision Date | 16 May 1996 |
| Citation | 227 A.D.2d 248,642 N.Y.S.2d 648 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Joseph CORNELIO, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Louise E. Weiss, for respondent.
Matthew Metz, for defendant.
Before ROSENBERGER, J.P., and WALLACH, KUPFERMAN and WILLIAMS, JJ.
Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered June 22, 1994, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 10 to 20 years, unanimously affirmed.
The record, which includes a careful allocution by the court, demonstrates that defendant's plea was knowing, intelligent, and voluntary. That defense counsel advised defendant to accept the plea offer after assessing the case against him as "substantial", and that the court advised defendant that he faced a possible 100 years in prison which, based on the facts known to it, it would not hesitate to impose, do not demonstrate coercion (People v. Frank Coco, 220 A.D.2d 312, 650 N.Y.S.2d 636; People v. Safa, 209 A.D.2d 199, 618 N.Y.S.2d 531, lv. denied 84 N.Y.2d 1038, 623 N.Y.S.2d 194, 647 N.E.2d 466). Since defendant made no motion to withdraw his plea, his claim of innocence raised in a probation interview is irrelevant. Finally, under the circumstances, we find no reason to reduce defendant's bargained-for sentence (see, People v. Notey, 72 A.D.2d 279, 282, 423 N.Y.S.2d 947).
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People v. Elliot
... ... As an alternative holding, we find that the court's reference to a probable sentence upon conviction after trial, although ill-advised, did not render the plea involuntary (see People v. Cornelio, 227 A.D.2d 248, 642 N.Y.S.2d 648 [1996], lv. denied 88 N.Y.2d 982, 649 N.Y.S.2d 389, 672 N.E.2d 615 [1996] ; see also Bordenkircher v. Hayes, 434 U.S. 357, 364, 98 S.Ct. 663, 54 L.Ed.2d 604 [1978] ).Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression ... ...
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... ... Defendant's prior criminal record was substantial and the court appropriately warned him that he was in peril of being adjudicated a persistent felony offender and of receiving a sentence greater than the legal minimum (People v. Cornelio, 227 A.D.2d 248, 642 N.Y.S.2d 648, lv denied 88 N.Y.2d 982, 649 N.Y.S.2d 389, 672 N.E.2d 615; People v. Clark, 207 A.D.2d 709, 616 N.Y.S.2d 946, lv denied ... ...
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... ... Samuel, 208 A.D.2d 776, 617 N.Y.S.2d 494; see also, People v. Spinks, 227 A.D.2d 310, 643 N.Y.S.2d 54; People v. Cornelio, 227 A.D.2d 248, 642 N.Y.S.2d 648; People v. Coco, 220 A.D.2d 312, 650 N.Y.S.2d 636). Rather, the record demonstrates that the defendant's plea of guilty was knowingly, intelligently, and voluntarily given. Therefore, the defendant has not established that the court improvidently denied his ... ...