People v. Jones
| Decision Date | 02 June 1983 |
| Citation | 95 A.D.2d 869,463 N.Y.S.2d 888 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Ronald L. JONES, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Paul R. Hart, Elmira, for appellant.
James T. Hayden, Acting Chemung County Dist. Atty., Elmira, for respondent.
Before SWEENEY, J.P., and KANE, MAIN, CASEY and WEISS, JJ.
Appeal from a judgment of the County Court of Chemung County, rendered April 14, 1981, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Defendant was charged in an indictment with the crimes of burglary in the third degree and attempted grand larceny in the second degree. Defendant, represented by assigned counsel Carmody, entered a plea of guilty of the crime of burglary in the third degree in full satisfaction of the indictment. Pursuant to the negotiated plea bargain, the sentence was to be two to four years' imprisonment, the minimum available to him as a second felony offender (Penal Law, § 70.06, subds. 3, 4), to run consecutive to an undischarged sentence imposed on a prior felony conviction (see Penal Law, § 70.25, subd. 2-a). Because the prior conviction was on appeal, defendant reserved the right to reargue at a later date in the event that conviction was overturned. At sentencing on January 21, 1981, defendant sought leave to withdraw his plea of guilty, stating that his attorney had forced him to plead guilty and had failed to provide effective assistance, specifically contending that counsel had misled him concerning the consecutive nature of the sentence. Additionally, defendant submitted a pro se application pursuant to section 440.10 of the Criminal Procedure Law challenging Carmody's representation on the prior conviction. On January 29, 1981, Carmody was relieved and a new counsel, Hart, was assigned. On April 14, 1981, the withdrawal request was denied, as was Hart's request for an adjournment to review Carmody's file, and, as previously agreed upon, defendant was sentenced to an indeterminate term of imprisonment of two to four years to run consecutive to the previous undischarged sentence. On this appeal, defendant avers that the court abused its discretion in refusing to vacate the plea. We disagree. The record reveals that at the time of the plea, defendant was advised the plea of guilty was the same as conviction following a jury trial; that he had discussed the matter with his attorney and was acting...
To continue reading
Request your trial
-
People v. Bray
...Ramos, 63 N.Y.2d 640, 643, 479 N.Y.S.2d 510, 468 N.E.2d 692, cf., People v. Braun, 167 A.D.2d 164, 561 N.Y.S.2d 244; People v. Jones, 95 A.D.2d 869, 870, 463 N.Y.S.2d 888), and even now gives no indication of the manner in which his legal representation is claimed to have been deficient. Mo......
-
People v. Madore, 4
..."[c]onsequently, the sentence cannot be considered unduly harsh or [severe]" (People v Ricciardi, 149 A.D.2d 742, 744; see, People v Jones, 95 A.D.2d 869, 870). (Appeal from Judgment of Niagara County Court, Broderick, Sr., J. - Assault, 1st (Filed Dec. 21, 2001.) ...
-
People v. Anderson
...in refusing defendant's application (CPL 220.60, subd. 3; People v. Kelsch, 96 A.D.2d 677, 466 N.Y.S.2d 535 [1983]; People v. Jones, 95 A.D.2d 869, 463 N.Y.S.2d 888; People v. Eagan, 90 A.D.2d 909, 456 N.Y.S.2d 872). Nor does the record indicate any violation of defendant's constitutional r......
-
People v. Kelsch
...in the record. Accordingly, we cannot say that the court abused its discretion in denying defendant's application (People v. Jones, 95 A.D.2d 869, 463 N.Y.S.2d 888 [1983]; People v. Eagan, 90 A.D.2d 909, 456 N.Y.S.2d 872). Moreover, since defendant was given ample opportunity to state the b......