People v. Griffin

CourtNew York Supreme Court — Appellate Division
Writing for the CourtBefore MIKOLL; MIKOLL
Citation195 A.D.2d 766,600 N.Y.S.2d 375
Decision Date15 July 1993
PartiesThe PEOPLE of the State of New York, Respondent, v. Jackie GRIFFIN, Appellant.

Page 375

600 N.Y.S.2d 375
195 A.D.2d 766
The PEOPLE of the State of New York, Respondent,
v.
Jackie GRIFFIN, Appellant.
Supreme Court, Appellate Division,
Third Department.
July 15, 1993.

Kathleen M. Resnick, Albany, for appellant.

Sol Greenberg, Dist. Atty. (John E. Maney, of counsel), Albany, for respondent.

Before MIKOLL, J.P., and YESAWICH, LEVINE and CREW, JJ.

MIKOLL, Justice Presiding.

Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered January 8, 1992, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant was indicted for criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree. She was arraigned on October 15, 1991 and entered a plea of not guilty to the charges. On December 11, 1991, defendant was present in County Court for the apparent purpose of changing her plea to guilty of criminal possession of a controlled substance in the third degree in full satisfaction of the entire indictment, with the understanding that she would be sentenced to a prison term of 3 to 9 years. During this plea proceeding defendant requested an adjournment of one week to give her more time to think about the plea. County Court denied her request and, after conferring with her attorney, conducted the plea allocution and accepted her guilty plea.

Page 376

At her sentencing on January 8, 1992 defendant, through her counsel, requested permission to withdraw her plea of guilty on various grounds including ineffective assistance of counsel. County Court then gave defendant an opportunity to speak and defendant said that she felt that she was not told "a lot of my rights" by her attorney "so that's one reason why I'm withdrawing my plea. Also, my co-defendant got lesser time than I got. And I was not guilty in this case. And I'm not guilty * * *." The court interrupted, reminding defendant of her plea, and defendant replied that she felt that she was pressured because she was told by the court that day that if she [195 A.D.2d 767] did not accept the plea offer the trial would start immediately. After further discussion County Court found that although defendant was unhappy with what had occurred, her unhappiness was not a ground for withdrawal of the plea and denied the motion. County Court then imposed...

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3 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...infer that he understands what it means to have the right to appeal to the Appellate Division, Second Department ( see People v. Griffin, 195 A.D.2d 766, 767, 600 N.Y.S.2d 375). Notably, in this case, the defendant exercised that right by filing, pro se, with this Court, a notice of appeal ......
  • People v. Sydney
    • United States
    • New York Supreme Court Appellate Division
    • July 15, 1993
    ...is also correct in his assertion that the People failed to provide the proper notice of the informant's out-of-court identification of [195 A.D.2d 766] defendant from a photo array. In view of the fact that the informant's familiarity with defendant stemmed from only a few encounters on the......
  • People v. Griffin
    • United States
    • New York Court of Appeals
    • August 24, 1993
    ...816 602 N.Y.S.2d 816 82 N.Y.2d 719, 622 N.E.2d 317 People v. Griffin (Jackie) Court of Appeals of New York Aug 24, 1993 Smith, J. 195 A.D.2d 766, 600 N.Y.S.2d 375 App.Div. 3, Albany 7/15/93 Denied. ...
3 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...infer that he understands what it means to have the right to appeal to the Appellate Division, Second Department ( see People v. Griffin, 195 A.D.2d 766, 767, 600 N.Y.S.2d 375). Notably, in this case, the defendant exercised that right by filing, pro se, with this Court, a notice of appeal ......
  • People v. Sydney
    • United States
    • New York Supreme Court Appellate Division
    • July 15, 1993
    ...is also correct in his assertion that the People failed to provide the proper notice of the informant's out-of-court identification of [195 A.D.2d 766] defendant from a photo array. In view of the fact that the informant's familiarity with defendant stemmed from only a few encounters on the......
  • People v. Griffin
    • United States
    • New York Court of Appeals
    • August 24, 1993
    ...816 602 N.Y.S.2d 816 82 N.Y.2d 719, 622 N.E.2d 317 People v. Griffin (Jackie) Court of Appeals of New York Aug 24, 1993 Smith, J. 195 A.D.2d 766, 600 N.Y.S.2d 375 App.Div. 3, Albany 7/15/93 Denied. ...

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