People v. Rolston
| Citation | 50 N.Y.2d 1048,409 N.E.2d 1375,431 N.Y.S.2d 701 |
| Parties | , 409 N.E.2d 1375 The PEOPLE of the State of New York, Appellant-Respondent, v. Michael ROLSTON, Respondent-Appellant. |
| Decision Date | 08 July 1980 |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 66 A.D.2d 617, 414 N.Y.S.2d 342, should be affirmed, and defendant's cross appeal should be dismissed.
The People have conceded that it was error for the trial court to deny defendant's motion to suppress a weapon discovered by the police in the course of an unlawful search. In view of this concession, the Appellate Division was correct in holding that the judgment of conviction entered upon defendant's guilty plea must be reversed. Although the People had other inculpatory evidence which could have been used against defendant at a trial, we cannot say upon the present record that the erroneous ruling as to the admissibility of the weapon did not exert an influence upon defendant's decision to plead guilty, and, for that reason, we cannot consider the error to have been "harmless" (People v. Grant, 45 N.Y.2d 366, 377-380, 408 N.Y.S.2d 429, 380 N.E.2d 257).
Additionally, we hold that defendant's cross appeal from the order of the Appellate Division must be dismissed, since the order is not "adverse" to him within the meaning of CPL 450.90 (subd. 1). Under that provision, "(a)n order of an intermediate appellate court is adverse to the party who was the appellant in such court when it affirms the judgment, sentence or order appealed from". Here, the judgment of conviction was reversed by the Appellate Division, and, consequently, its order is not appealable by defendant, who was the appellant in that court, notwithstanding that defendant was "aggrieved" insofar as his request for the suppression of his out-of-court statements to the police was denied (People v. Bryant, 44 N.Y.2d 790, 406 N.Y.S.2d 40, 377 N.E.2d 484; People v. Shukla, 44 N.Y.2d 756, 405 N.Y.S.2d 686, 376 N.E.2d 1331).
On the People's appeal: Order affirmed.
On defendant's appeal: Appeal dismissed.
To continue reading
Request your trial
-
People v. Hollmond
... ... Grant, 45 N.Y.2d 366, 379, 408 N.Y.S.2d 429, 380 N.E.2d 257 ). "[A] decision to plead guilty is one of the most solemn and personal rights that a person has" and, regardless of his or her underlying motivations, the decision is "[the defendant's] alone to make" ( People v. Rolston, 66 A.D.2d 617, 628, 414 N.Y.S.2d 342, affd 50 N.Y.2d 1048, 431 N.Y.S.2d 701, 409 N.E.2d 1375 ). "[I]n order to be valid and enforceable, a guilty plea must be entered voluntarily, knowingly and intelligently" ( People v. Brown, 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782 ). "A guilty ... ...
-
People v. Smith
... ... People v. Somarriba, 116 A.D.2d 525, 498 N.Y.S.2d 305 ). This is significant because a defendant's decision to plead guilty is personal, and assigned counsel may not properly seek to vacate a defendant's plea of guilty without the defendant's express consent (see e.g. People v. Rolston, 66 A.D.2d 617, 628, 414 N.Y.S.2d 342, affd 50 N.Y.2d 1048, 431 N.Y.S.2d 701, 409 N.E.2d 1375 ). As this Court has recognized " [e]very advocate has essentially the same professional responsibility whether he or she accepted a retainer from a paying client or an appointment from a court " ( Matter ... ...
-
People v. Griminger
... ... Rolston, 50 N.Y.2d 1048, 1050, 431 N.Y.S.2d 701, 409 N.E.2d 1375; see also, People v. Fediuk, 66 N.Y.2d 881, 884, 498 N.Y.S.2d 763, 489 N.E.2d 732). Nor do we find it necessary to consider defendant's other arguments in support of an affirmance under CPL 470.35(2)(b) ... Accordingly, the order of the ... ...
-
People v. Smith
... ... This is ... significant because a defendant's decision to plead ... guilty is personal, and assigned counsel may not properly ... seek to vacate a defendant's plea of guilty without the ... defendant's express consent (see e.g. People v ... Rolston, 66 A.D.2d 617, 628, affd 50 N.Y.2d ... 1048) ... As this ... Court has recognized "'[e]very advocate has ... essentially the same professional responsibility whether he ... or she accepted a retainer from a paying client or an ... appointment ... ...