People v. Strong

CourtNew York Supreme Court Appellate Division
Citation914 N.Y.S.2d 679,80 A.D.3d 717
PartiesThe PEOPLE, etc., respondent, v. James STRONG, appellant.
Decision Date18 January 2011
914 N.Y.S.2d 679
80 A.D.3d 717


The PEOPLE, etc., respondent,
v.
James STRONG, appellant.


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

Jan. 18, 2011.

Marianne Karas, Armonk, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T. Fleischer of counsel; Victoria Rosner on the brief), for respondent.

80 A.D.3d 717

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered March 14, 2008, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not voluntary because it was coerced is unpreserved for appellate review, since he did not move to withdraw his plea on that ground or raise this issue before the Supreme Court ( see CPL 470.05[2]; People v. Johnson, 70 A.D.3d 721, 892 N.Y.S.2d 887; People v. Antoine, 59 A.D.3d 560, 872 N.Y.S.2d 283; People v. Perez, 51 A.D.3d 1043, 861 N.Y.S.2d 63).

In any event, the Supreme Court's remarks during the plea proceedings regarding the defendant's possible sentence exposure were he to proceed to trial were informative, not coercive ( see People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280; People v. Miranda, 67 A.D.3d 709, 710, 886 N.Y.S.2d 890; People v. Pagan, 297 A.D.2d 582, 747 N.Y.S.2d 174; People v. Samuel, 208 A.D.2d 776, 617 N.Y.S.2d 494).

RIVERA, J.P., FLORIO, DICKERSON, HALL and ROMAN, JJ., concur.

To continue reading

Request your trial
8 cases
  • People v. Pelaez
    • United States
    • New York Supreme Court Appellate Division
    • 14 Noviembre 2012
    ...( see People v. Hammonds, 91 A.D.3d 791, 792, 936 N.Y.S.2d 905;People v. Bryant, 87 A.D.3d 1270, 1271, 930 N.Y.S.2d 324;People v. Strong, 80 A.D.3d 717, 914 N.Y.S.2d 679). In any event, these contentions are without merit. The defendant's claim that his attorney coerced him to plead guilty ......
  • People v. Martinez, 2014–11443
    • United States
    • New York Supreme Court Appellate Division
    • 29 Noviembre 2017
    ...are informative rather than coercive (see People v. Foster, 99 A.D.3d 812, 812–813, 951 N.Y.S.2d 890 ; 64 N.Y.S.3d 588 People v. Strong, 80 A.D.3d 717, 718, 914 N.Y.S.2d 679 ; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280 ).By pleading guilty, the defendant forfeited appellate revie......
  • People v. Tavares
    • United States
    • New York Supreme Court Appellate Division
    • 20 Febrero 2013
    ...( see People v. Foster, 99 A.D.3d 812, 813, 951 N.Y.S.2d 890,lv. denied20 N.Y.3d 986, 958 N.Y.S.2d 701, 982 N.E.2d 621;People v. Strong, 80 A.D.3d 717, 718, 914 N.Y.S.2d 679;People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280).[103 A.D.3d 821]Furthermore, the court properly advised the de......
  • People v. Marryshow, 2014-06681
    • United States
    • New York Supreme Court Appellate Division
    • 27 Enero 2016
    ...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 court's 135 A.D.3d 965 statement to the defendant, who was no......
  • 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