People v. Goodwin

• Decision Date: 23 December 2021
• Docket Number: 1016 KA 20-01571
• Citation: 2021 NY Slip Op 07418
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TERICK R. GOODWIN, DEFENDANT-APPELLANT.
• Court: New York Supreme Court

2021 NY Slip Op 07418

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
TERICK R. GOODWIN, DEFENDANT-APPELLANT.

No. 1016 KA 20-01571

Supreme Court of New York, Fourth Department

December 23, 2021

CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT.

LEANNE K. MOSER, DISTRICT ATTORNEY, LOWVILLE, D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND BANNISTER, JJ.

Appeal from a judgment of the Lewis County Court (Daniel R. King, J.), rendered July 19, 2019. The judgment convicted defendant, upon a plea of guilty, of predatory sexual assault against a child (two counts).

It is hereby ORDERED that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice, the plea is vacated, and the matter is remitted to Lewis County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of predatory sexual assault against a child (Penal Law § 130.96). During a court appearance at which County Court extended a plea offer that called for an aggregate sentence of 15 years to life imprisonment, the court informed defendant that "my policy is if a defendant gets convicted at trial, that means that individual has not accepted responsibility for the conduct that they've been convicted of, and... [i]n all likelihood the sentence [after trial] would not even be close to the 20 years [to life sought by the People], it would be much more - - many more years and you are looking at a potential [of] 100 years to life." The court issued a virtually identical admonition at the next appearance, and defendant subsequently accepted the court's offer of 15 years to life imprisonment.

Under the circumstances, we agree with defendant that the court's statements during plea negotiations did "not amount to a description of the range of the potential sentences but, rather, they constitute[d] impermissible coercion, 'rendering the plea involuntary and requiring its vacatur'" (People v Flinn, 60 A.D.3d 1304, 1305 [4th Dept 2009]; see People v Rogers, 114 A.D.3d 707, 707 [2d Dept 2014], lv denied 23 N.Y.3d 1067 [2014]; People v Wilson, 245 A.D.2d 161, 163 [1st Dept 1997], lv denied 91 N.Y.2d 946 [1998]). The court's coercive statements were "all the more serious" in light of its misleading insinuation at the January 25, 2019 appearance...