People v. Spinks

Decision Date28 May 1996
PartiesThe PEOPLE of the State of New York, Respondent, v. Ralph SPINKS, a/k/a Zeke Frazier, a/k/a Barry White, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Carol A. Remer-Smith, for respondent.

Eugene B. Nathanson, for defendant-appellant.

Before MURPHY, P.J., and SULLIVAN, WALLACH, NARDELLI and TOM, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered March 30, 1993, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, bail jumping in the first degree, robbery in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 2 to 4 years, 6 to 12 years and 2 1/2 to 5 years, respectively, unanimously affirmed.

Defendant's motion to withdraw his plea was properly denied without a hearing, the record refuting defendant's claim that his plea was coerced by his attorney, and otherwise demonstrating that the plea was voluntary and knowing (People v. Woodard, 208 A.D.2d 411, 618 N.Y.S.2d 213, lv. denied 84 N.Y.2d 1040, 623 N.Y.S.2d 196, 647 N.E.2d 468). Far from being coercive, defense counsel's advice, as related by defendant, that the case could not be won, and that the two, who had a prior social relationship, would have a chance of playing basketball together again only if defendant accepted the plea offer, fulfilled defense counsel's duty to warn his client of the risks of going to trial.

To continue reading

Request your trial
19 cases
  • People v. Antoine, 2009 NY Slip Op 31487(U) (N.Y. Sup. Ct. 5/21/2009)
    • United States
    • New York Supreme Court
    • May 21, 2009
    ...of the prosecution's case." People v. Cross, 262 A.D.2d 223 (1st Dept. 1999), lv. denied, 94 N.Y.2d 902 (2000); see People v. Spinks, 227 A.D.2d 310 (1st Dept.), lv. denied, 88 N.Y.2d 995 (1996) (defendant's claim that counsel coerced his plea by telling him, inter alia, that "the case coul......
  • People v. Crosby
    • United States
    • New York Supreme Court — Appellate Division
    • June 17, 2021
    ...1604 under the circumstances, "fulfilled defense counsel's duty to warn his client of the risks of going to trial" ( People v. Spinks , 227 A.D.2d 310, 310, 643 N.Y.S.2d 54 [1st Dept. 1996], lv denied 88 N.Y.2d 995, 649 N.Y.S.2d 402, 672 N.E.2d 628 [1996] ; see People v. Nichols , 21 A.D.3d......
  • People v. Greer
    • United States
    • New York Supreme Court — Appellate Division
    • December 23, 2020
    ...circumstances, merely "fulfilled defense counsel's duty to warn his client of the risks of going to trial" ( People v. Spinks , 227 A.D.2d 310, 310, 643 N.Y.S.2d 54 [1st Dept. 1996], lv denied 88 N.Y.2d 995, 649 N.Y.S.2d 402, 672 N.E.2d 628 [1996] ).With respect to defendant's contention th......
  • People v. Walsh
    • United States
    • New York Supreme Court — Appellate Division
    • October 14, 1997
    ...N.Y.S.2d 455; People v. Jones, 232 A.D.2d 505, 648 N.Y.S.2d 331; People v. Palmeri, 227 A.D.2d 418, 642 N.Y.S.2d 555; People v. Spinks, 227 A.D.2d 310, 643 N.Y.S.2d 54). While the defendant's waiver of the right to appeal does not preclude appellate review of his contentions concerning the ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT