People v. Lloyd

Citation66 N.Y.2d 964,489 N.E.2d 754,498 N.Y.S.2d 785
Parties, 489 N.E.2d 754 The PEOPLE of the State of New York, Respondent, v. Jessie LLOYD, Appellant.
Decision Date17 December 1985
CourtNew York Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 108 A.D.2d 873, 485 N.Y.S.2d 369, should be affirmed.

Defendant contends that an erroneous denial of suppression of a confession and showup entitles him to the return of his guilty pleas, upon which he was convicted of first degree robbery and third degree burglary. Even if we were to agree that suppression was improperly denied--a question we do not reach--still any such error would on the facts presented not entitle defendant to the relief he requests. Here, unlike People v. Coles, 62 N.Y.2d 908, 479 N.Y.S.2d 1, 467 N.E.2d 885, People v. Rolston, 50 N.Y.2d 1048, 431 N.Y.S.2d 701, 409 N.E.2d 1375, People v. Burrows, 46 N.Y.2d 957, 415 N.Y.S.2d 410, 388 N.E.2d 733 and People v. Grant, 45 N.Y.2d 366, 408 N.Y.S.2d 429, 380 N.E.2d 257, defendant prior to the suppression hearing entered pleas of guilty to robbery in the first degree and burglary in the third degree in return for a conditional sentence promise. The court thereafter determined that because of defendant's criminal record it could not keep the promise regarding sentence and allowed defendant to withdraw those pleas. After suppression was denied, and faced with the prospect of immediate trial, defendant again entered the guilty pleas to the same two crimes, on the understanding that he would not receive persistent felony treatment or persistent violent felony offender treatment. At the time of the pleas, the People obtained from defendant neither a concession that denial of suppression did not influence his decision to plead guilty nor a waiver of his right to appeal the denial of suppression (see, People v. Coles, 62 N.Y.2d 908, 910, 479 N.Y.S.2d 1, 467 N.E.2d 885, supra ). As we have previously observed, in such situations an appellate court is rarely in a position to determine whether denial of a suppression motion played any part in a defendant's decision to plead, making harmless error rules generally inapplicable in such situations (see, People v. Grant, 45 N.Y.2d 366, 379, 408 N.Y.S.2d 429, 380 N.E.2d 257, supra ). Here, however,...

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  • People v. Clanton
    • United States
    • New York Supreme Court — Appellate Division
    • June 9, 2017
    ...408 N.Y.S.2d 429, 380 N.E.2d 257 ; see People v. Wells, 21 N.Y.3d 716, 717–718, 977 N.Y.S.2d 712, 999 N.E.2d 1157 ; cf. People v. Lloyd, 66 N.Y.2d 964, 965, 498 N.Y.S.2d 785, 489 N.E.2d 754 ). In the absence of proof "that [a defendant] would have [pleaded guilty] even if his [or her] motio......
  • People v. Holz
    • United States
    • New York Supreme Court — Appellate Division
    • December 21, 2018
    ...reasonable possibility that any error with respect thereto contributed to the defendant's decision to plead guilty (see People v. Lloyd, 66 N.Y.2d 964, 965, 498 N.Y.S.2d 785, 489 N.E.2d 754 [1985] ; People v. Clanton, 151 A.D.3d 1576, 1579, 57 N.Y.S.3d 775 [4th Dept. 2017] ; People v. McLau......
  • People v. Washington
    • United States
    • New York Supreme Court — Appellate Division
    • May 11, 1987
    ...clearly independent sources for those identifications (see, People v. Lloyd, 108 A.D.2d 873, 485 N.Y.S.2d 369, affd. 66 N.Y.2d 964, 498 N.Y.S.2d 785, 489 N.E.2d 754; People v. Lewis, 123 A.D.2d 716, 719, 507 N.Y.S.2d 80). In view of the independent sources for all of the in court identifica......
  • People v. Henry
    • United States
    • New York Supreme Court — Appellate Division
    • November 25, 2015
    ...in a position to determine whether denial of a suppression motion played any part in a defendant's decision to plead" (People v. Lloyd, 66 N.Y.2d 964, 965, 498 N.Y.S.2d 785, 489 N.E.2d 754 [1985] ; see People v. Wells, 21 N.Y.3d 716, 718–719, 977 N.Y.S.2d 712, 999 N.E.2d 1157 [2013] ; Peopl......
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