People v. Lopez

• Decision Date: 26 June 2019
• Docket Number: Ind. No. 196/16,2016–13060
• Citation: 103 N.Y.S.3d 537,173 A.D.3d 1213
• Court: New York Supreme Court — Appellate Division
• Parties: The PEOPLE, etc., Respondent, v. Juan Miguel LOPEZ, Appellant.

173 A.D.3d 1213
103 N.Y.S.3d 537

The PEOPLE, etc., Respondent,
v.
Juan Miguel LOPEZ, Appellant.

2016–13060
Ind. No. 196/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—February 8, 2019
June 26, 2019

103 N.Y.S.3d 538

Michael A. Fiechter, Bellmore, NY, for appellant.

Madeline Singas, District Attorney, Mineola, N.Y. (Cristin N. Connell of counsel; Matthew C. Frankel on the brief), for respondent.

CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, BETSY BARROS, JJ.

DECISION & ORDER

173 A.D.3d 1213

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Jerald S. Carter, J.), rendered September 16, 2016, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the matter is remitted to the Supreme Court, Nassau County, for a hearing on the defendant's application to withdraw his plea of guilty, for which the defendant shall be appointed new counsel, and thereafter a report to this Court as to the Supreme Court's findings with respect to whether the defendant has established his entitlement to withdrawal of the plea, and the appeal is held in abeyance pending receipt of the Supreme Court's report, which shall be filed with all convenient speed.

The defendant pleaded guilty to robbery in the third degree. On the date of sentencing, the defendant referred to a letter he had sent to the Supreme Court. The defendant and defense counsel conferred. Defense counsel then stated that there was a language barrier, she had explained the case to the defendant many times, and the defendant wanted clarification of the charges again, but he was prepared to go forward with sentencing. The defendant complained that the promised sentence was too long and that his attorney was not helping him. Defense counsel interjected that she had explained the case to the defendant on numerous occasions through a Spanish language interpreter, and that "[t]his is all news to me." The defendant requested...