People v. Mitchell

Decision Date16 October 1980
CitationPeople v. Mitchell, 78 A.D.2d 608, 432 N.Y.S.2d 183 (N.Y. App. Div. 1980)
PartiesThe PEOPLE of the State of New York, Respondent, v. Steven MITCHELL, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

H. Birnbach, New York City, for respondent.

M. J. Hibel, New York City, for defendant-appellant.

Before BIRNS, J. P., and SANDLER, SILVERMAN, BLOOM and LYNCH, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County, rendered November 30, 1978, convicting defendant on his plea of guilty of Robbery in the first degree and sentencing him as a predicate felon to 71/2 to 15 years, unanimously affirmed.Defendant acknowledged at the plea that at the time of the robbery he had "displayed what appeared to be a revolver".Although subsequent questioning by the court educed a claim that the weapon had been a toy pistol (seePenalLaw, § 160.15(4)), defendant waived a right to claim legal insufficiency of the plea by failure to move to withdraw it or to raise a claim of the inadequacy of his counsel(People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904).With the advice of counsel, defendant freely...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
9 cases
  • Mitchell v. Scully
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 23, 1984
    ...401 N.E.2d 904] ...)," and that, under the circumstances, the interests of justice did not require a reversal. People v. Mitchell, 78 A.D.2d 608, 432 N.Y.S.2d 183 (1st Dept.1980). Leave to appeal to the New York Court of Appeals was Mitchell next collaterally attacked the conviction pursuan......
  • People v. Colon
    • United States
    • New York Supreme Court — Appellate Division
    • December 4, 1980
    ...to withdraw the plea in the trial court. See People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904; People v. Mitchell, App.Div., 432 N.Y.S.2d 183 (1980). Not until the appeal and our suggestion that the matter required further study and discussion by appellate counsel (75 A.D.......
  • People v. Ebron
    • United States
    • New York Supreme Court — Appellate Division
    • March 29, 1982
    ...three separate days. The plea enabled defendant to avoid the imposition of a much longer sentence of imprisonment (People v. Mitchell, 78 A.D.2d 608, 609, 432 N.Y.S.2d 183). With respect to the People's appeal, we find from this record that Criminal Term erred in imposing sentence upon defe......
  • People v. Hernandez
    • United States
    • New York Supreme Court — Appellate Division
    • November 18, 1980
    ...as a matter of law (CPL § 470.15(3)(a)), simply because such an inconsistency is evident upon the face of the record (People v. Mitchell, App.Div., 432 N.Y.S.2d 183 (1980)). We, of course, retain our power to reverse, as a matter of discretion in the interest of justice, in the appropriate ......
  • Get Started for Free