People v. Robinson, 2017–12187
| Court | New York Supreme Court Appellate Division |
| Citation | 175 A.D.3d 719,108 N.Y.S.3d 20 |
| Docket Number | 2017–12187,Ind. No. 7015/16 |
| Parties | The PEOPLE, etc., Respondent, v. Everett ROBINSON, Appellant. |
| Decision Date | 28 August 2019 |
175 A.D.3d 719
108 N.Y.S.3d 20
The PEOPLE, etc., Respondent,
v.
Everett ROBINSON, Appellant.
2017–12187
Ind. No. 7015/16
Supreme Court, Appellate Division, Second Department, New York.
Submitted—April 24, 2019
August 28, 2019
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER ON MOTION
ORDERED that the motion of Paul Skip Laisure for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,
ORDERED that Randall D. Unger, 42–40 Bell Boulevard, Suite
302, Bayside, NY, 11361, is assigned as counsel to prosecute the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated April 3, 2018, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties. The parties are directed to file one original and five duplicate hard copies, and one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9 [a][4]; [c][1] ).
The defendant agreed to plead guilty to one count of attempted robbery in the first degree in exchange for a promised sentence. During the course of the plea proceeding, the Supreme Court threatened to hold the defendant in contempt of court after he questioned the validity of a certain surcharge that the court stated would be imposed as a consequence of his conviction. The court went on to provide the defendant with varied and equivocal explanations of the surcharge, indicating on multiple occasions that it was not mandatory and might not be assessed against the defendant. After receiving the court's explanations, the defendant decided to continue with the plea agreement, and his plea of guilty was ultimately...
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People v. Bowen, 2019–02732
...limited to, whether the defendant's plea of guilty was entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ; People v. Wilson, 161 A.D.3d 785, 786, 72 N.Y.S.3d 844 ; People v. Randolph, 156 A.D.3d at 819–820, 65 N.Y.S.3d 726 ; Peop......
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People v. Campbell, 2016–07564
...the issue of whether the appellant's pleas of guilty were entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ). The brief does not discuss the basis, with reference to the facts of the case and legal authority, of assigned counsel......
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People v. St. Louis, 2018–09332
...limited to, whether the defendant's plea of guilty was entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ; People v. Wilson, 161 A.D.3d 785, 786, 72 N.Y.S.3d 844 ; People v. Randolph, 156 A.D.3d 818, 819–820, 65 N.Y.S.3d 726 ; Pe......
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People v. Bowen, 2019–02732
...limited to, whether the defendant's plea of guilty was entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ; People v. Wilson, 161 A.D.3d 785, 786, 72 N.Y.S.3d 844 ; People v. Randolph, 156 A.D.3d at 819–820, 65 N.Y.S.3d 726 ; Peop......
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People v. Campbell, 2016–07564
...the issue of whether the appellant's pleas of guilty were entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ). The brief does not discuss the basis, with reference to the facts of the case and legal authority, of assigned counsel......
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People v. St. Louis, 2018–09332
...limited to, whether the defendant's plea of guilty was entered knowingly, intelligently, and voluntarily (see People v. Robinson, 175 A.D.3d 719, 721, 108 N.Y.S.3d 20 ; People v. Wilson, 161 A.D.3d 785, 786, 72 N.Y.S.3d 844 ; People v. Randolph, 156 A.D.3d 818, 819–820, 65 N.Y.S.3d 726 ; Pe......