People v. Richards
Decision Date | 07 April 2005 |
Docket Number | 5603. |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAJ RICHARDS, Appellant. |
Court | New York Supreme Court — Appellate Division |
Before sentencing, defendant, represented by new counsel, moved to withdraw his guilty plea. Defendant alleged that, in an off-the-record conference, the judge had threatened to impose a maximum sentence of 15 years if defendant were convicted after trial. Such a threat, which goes beyond a description of the possible sentencing exposure, has repeatedly been held impermissibly coercive (see e.g. People v Stevens, 298 AD2d 267 [2002], lv dismissed 99 NY2d 585 [2003]; People v Sung Min, 249 AD2d 130 [1998]). Defendant's factual allegations were supported by the detailed affidavit of his former counsel as to the threat, which was not denied by the prosecutor alleged to have been present at the conference, or by the judge, who had "no recollection of ever issuing any threats." The judge's only other contribution to the discussion was his assumption that in a plea bargaining session a "minimum 3½ years to a maximum of 15 years" would have been a "fit subject" of discussion, and would also involve showing defendant a sentence chart.
It should be noted that nothing in defendant's plea allocution directly contradicted his current claims. While ordinarily such a claim would warrant a hearing (see People v Glasper, 14 NY2d 893 [1964]), at which the plea-taking judge would be called as a witness, in the circumstances presented, such a hearing would shed no further light. Left unchallenged is the former attorney's sworn assertion that the court threatened defendant with a 15-year sentence in the event of a guilty verdict. Defendant was entitled to withdraw his plea.
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