People v. Gibson
| Decision Date | 16 November 1990 |
| Citation | 561 N.Y.S.2d 999,167 A.D.2d 921 |
| Parties | PEOPLE of the State of New York, Respondent, v. Dewitt P. GIBSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Matusick, Spadafora & Verrastro, by John Spadafora, Buffalo, for appellant.
Francis W. Tesseyman, Jr., West Seneca, for respondent.
Before DILLON, P.J., and DOERR, PINE, LAWTON and DAVIS, JJ.
On appeal from a judgment convicting him of burglary in the second degree, defendant contends that his plea of guilty was coerced by the threat of a heavier sentence if he proceeded to trial. We disagree. The prosecutor, rather than the court, referred to the possibility of a charge of rape in the first degree and, at most, defendant was faced with a potential trial on a more serious charge (cf., People v. Beverly, 139 A.D.2d 971, 528 N.Y.S.2d 450; People v. Christian, 139 A.D.2d 896, 527 N.Y.S.2d 1019, lv. denied 71 N.Y.2d 1024, 530 N.Y.S.2d 559, 526 N.E.2d 51).
We have examined defendant's remaining issues on appeal and find them lacking in merit.
Judgment unanimously affirmed.
To continue reading
Request your trial
-
People v. Hobart, 00-01612
...lv denied 93 N.Y.2d 968; People v Polite, 259 A.D.2d 566, lv denied 93 N.Y.2d 1025; People v Hillendale, 244 A.D.2d 911, 912; People v Gibson, 167 A.D.2d 921, lv denied 77 N.Y.2d 961). (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. - Murder, 2nd (Filed Sept. 28, 2001.) ...
- People v. Reyes
-
People v. Gibson
...570 N.Y.S.2d 494 77 N.Y.2d 961, 573 N.E.2d 582 People v. Gibson (Dewitt P.) COURT OF APPEALS OF NEW YORK Apr 17, 1991 Titone, J. 167 A.D.2d 921, 561 N.Y.S.2d 999 App.Div. 4, Onondaga Denied ...