People v. Parish

• Decision Date: 24 April 1992
• Citation: 582 N.Y.S.2d 886,182 A.D.2d 1104
• Parties: PEOPLE of the State of New York, Respondent, v. Herbert L. PARISH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 886

582 N.Y.S.2d 886

182 A.D.2d 1104

PEOPLE of the State of New York, Respondent, v. Herbert L. PARISH, Appellant.

Supreme Court, Appellate Division, Fourth Department.

April 24, 1992.

John Cirando, Syracuse, for appellant.

Gary Miles by Jane Getman, Watertown, for respondent.

Before CALLAHAN, J.P., and BOOMER, LAWTON, BOEHM and DAVIS, JJ.

MEMORANDUM:

The record establishes that defendant was advised of his rights and that his Alford plea (see, North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162) was entered knowingly, voluntarily and with an understanding of its consequences (see, People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Nixon, 21 N.Y.2d 338, 353, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Serrano, 15 N.Y.2d 304, 310, 258 N.Y.S.2d 386, 206 N.E.2d 330; People v. Myers, 151 A.D.2d 1002, 542 N.Y.S.2d 441, lv. denied, 74 N.Y.2d 815, 546 N.Y.S.2d 573). Although the prosecutor did not set forth on the record the proof that the People would present at trial, defendant's counsel acknowledged that he had reviewed the evidence with defendant and that it was his opinion, and that of defendant, that there was a "substantial likelihood" that the evidence might result in a conviction of the more serious charge of sodomy in the first degree.

Judgment unanimously affirmed.