People v. Solis

Decision Date06 November 2013
PartiesThe PEOPLE, etc., respondent, v. Jefferson SOLIS, appellant.
CourtNew York Supreme Court — Appellate Division

111 A.D.3d 654
974 N.Y.S.2d 132
2013 N.Y. Slip Op. 07203

The PEOPLE, etc., respondent,
v.
Jefferson SOLIS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 6, 2013.



Scott Brettschneider, Uniondale, N.Y., for appellant.

[974 N.Y.S.2d 133]

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Lorrie A. Zinno on the brief), for respondent.


MARK C. DILLON, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered October 4, 2011, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant validly waived his right to appeal, his claim with respect to the voluntariness of the plea survives such a waiver ( see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022;People v. Joseph, 103 A.D.3d 665, 959 N.Y.S.2d 261;People v. Cohen, 100 A.D.3d 919, 953 N.Y.S.2d 900). The defendant's motion to withdraw his plea of guilty was properly denied. The record establishes that the defendant knowingly, voluntarily, and intelligently entered his plea of guilty after being informed, through an interpreter, of the rights he would be forfeiting by pleading guilty and the direct consequences of his plea ( see People v. Harris, 61 N.Y.2d 9, 16–17, 471 N.Y.S.2d 61, 459 N.E.2d 170;People v. Andrea, 98 A.D.3d 627, 949 N.Y.S.2d 654;People v. Lu Yang Tong, 238 A.D.2d 607, 657 N.Y.S.2d 960). In support of his motion to withdraw his plea, the defendant's new attorney alleged that the defendant's former counsel had advised the defendant that he would not prevail at trial and would be subject to a much greater sentence if convicted after trial. Even if these allegations are true, they do not constitute coercion on the part of his former attorney ( see People v. Elting, 18 A.D.3d 770, 771, 795 N.Y.S.2d 699;People v. Charles, 256 A.D.2d 472, 473, 683 N.Y.S.2d 438;People v. Samuel, 208 A.D.2d 776, 777, 617 N.Y.S.2d 494). Nor did the Supreme Court's remarks regarding the defendant's sentence exposure in the event he were to be convicted after trial constitute coercion ( see People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280). In any event, the defendant's claims of coercion are belied by his statements under oath on the record acknowledging that no one had forced or coerced him...

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24 cases
  • People v. Murphy
    • United States
    • New York Supreme Court — Appellate Division
    • February 5, 2014
    ...of the plea survives such a waiver ( see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968,541 N.E.2d 1022; People v. Solis, 111 A.D.3d 654, 974 N.Y.S.2d 132). A motion to withdraw a plea of guilty is addressed to the sound discretion of the court, and its determination generally will no......
  • People v. Haywood
    • United States
    • New York Supreme Court — Appellate Division
    • November 12, 2014
    ...of his plea survives such a waiver (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Solis, 111 A.D.3d 654, 974 N.Y.S.2d 132 ). A motion to withdraw a plea of guilty is addressed to the sound discretion of the County Court, and, as a general rule, its de......
  • People v. Marryshow
    • United States
    • New York Supreme Court — Appellate Division
    • January 27, 2016
    ...be available if the defendant proceeded with the suppression hearing, were informative and not coercive (see e.g. People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132; People v. Strong, 80 A.D.3d 717, 914 N.Y.S.2d 679; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280). Likewise, the ......
  • People v. Mitchell
    • United States
    • New York Supreme Court — Appellate Division
    • December 20, 2017
    ...890 ). In any event, the court's remarks regarding the defendant's sentence exposure did not constitute coercion (see People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132 ; People v. Tavares, 103 A.D.3d 820, 820, 962 N.Y.S.2d 196 ; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280 ). ......
  • Request a trial to view additional results

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