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People v. Toxey

Document Cited authorities 6 Cited in 720 Precedent Map Related
Decision Date29 June 1995
Citation631 N.Y.S.2d 119,655 N.E.2d 160,86 N.Y.2d 725
Parties, 655 N.E.2d 160 The PEOPLE of the State of New York, Respondent, v. Anthony TOXEY, Appellant.
CourtNew York Court of Appeals Court of Appeals

Page 119

631 N.Y.S.2d 119

86 N.Y.2d 725, 655 N.E.2d 160

The PEOPLE of the State of New York, Respondent, v. Anthony TOXEY, Appellant.

Court of Appeals of New York.

June 29, 1995.

[86 N.Y.2d 726] Diane E. Courselle and E. Joshua Rosenkranz, New York City, for appellant.

Robert T. Johnson, District Attorney of Bronx County, New York City (Gail B. Rubenfeld and Peter D. Coddington, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

In satisfaction of three separate indictments, appellant pleaded guilty to four counts of robbery in the first degree (Penal Law § 160.15[4], after admitting to forcibly stealing property from four taxi cab drivers while displaying what appeared to be a weapon. On appeal, he seeks to vacate the plea, asserting that the trial court erred by failing to inquire at the guilty plea allocution whether defendant possessed a loaded, operable weapon. Defendant claims this obligation of the court was triggered by defendant's statement, "I don't carry weapons."

Defendant did not raise with the trial court the issue of the invalidity of the plea based on an alleged colloquy flaw or failure of the court to follow up. No motion to withdraw the plea pursuant to CPL 220.60(3) or motion to vacate the judgment of conviction pursuant to CPL 440.10 was made.

We conclude that defendant's utterances overall in this case did not engender "significant doubt" on the voluntariness of his plea. His plea allocution does not qualify for the narrow, "rare case" exception to...

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223 cases
  • People v. Peque
    • United States
    • New York Court of Appeals Court of Appeals
    • November 19, 2013
    ...( seeCPL 220.60[3]; 440.10; People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 [1999];People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995];People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ). Under certain circumstances, t......
  • People v. George
    • United States
    • New York Supreme Court — Appellate Division
    • May 13, 1999
    ...unpreserved challenge are not present here (see, People v. Ubrich, supra, at 887, 666 N.Y.S.2d 825; see also, People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Lopez, 71 N.Y.2d 662, 665-666, 529 N.Y.S.2d 465, 525 N.E.2d Defendant contends that the accusatory i......
  • People v. Williams
    • United States
    • New York Court of Appeals Court of Appeals
    • April 5, 2016
    ...the imposition of sentence to preserve a challenge to the validity of the plea for appellate review (see People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995] ; People v. Claudio, 64 N.Y.2d 858, 858–859, 487 N.Y.S.2d 318, 476 N.E.2d 644 [1985] ). In a line of cases be......
  • People v. Williams
    • United States
    • New York Court of Appeals Court of Appeals
    • April 5, 2016
    ...the imposition of sentence to preserve a challenge to the validity of the plea for appellate review (see People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995] ; People v. Claudio, 64 N.Y.2d 858, 858–859, 487 N.Y.S.2d 318, 476 N.E.2d 644 [1985] ). In a line of cases be......
    • Request a trial to view additional results

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