People v. Wheeler, 105535
| Decision Date | 14 May 2015 |
| Docket Number | 105535 |
| Citation | 2015 N.Y. Slip Op. 04169,128 A.D.3d 1177,8 N.Y.S.3d 736 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kristian WHEELER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 1177
8 N.Y.S.3d 736
2015 N.Y. Slip Op. 04169
The PEOPLE of the State of New York, Respondent
v.
Kristian WHEELER, Appellant.
105535
Supreme Court, Appellate Division, Third Department, New York.
May 14, 2015.
Theodore J. Stein, Woodstock, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: PETERS, P.J., EGAN JR., ROSE and LYNCH, JJ.
Opinion
ROSE, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 10, 2012, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
Defendant was charged in a six-count indictment arising out of three separate sales of crack cocaine. In full satisfaction
thereof, he pleaded guilty to criminal sale of a controlled substance in the third degree with the understanding that he would be sentenced as a prior felony offender to an eight-year prison term with three years of postrelease supervision. During the plea colloquy, County Court incorrectly informed defendant that he faced potential sentences of 15 years, rather than the correct maximum term of 12 years (see Penal Law §§ 220.16[1] ; 220.39[1]; 119 A.D.3d 1236, 1237, 989 N.Y.S.2d 405 [2014] ; compare Penal Law § 70.70[3][b][i], with Penal Law § 70.70[4][b][i] ). Defendant was thereafter sentenced pursuant to the terms of the plea agreement. Upon defendant's initial
appeal, we rejected his counsel's Anders brief and assigned new counsel to address, at a minimum, County Court's error in informing defendant of the incorrect maximum term of incarceration (119 A.D.3d at 1237, 989 N.Y.S.2d 405 ).
On this appeal, defendant's contention that...
To continue reading
Request your trial
-
People v. Crampton
...lack of information regarding his maximum sentencing exposure influenced his decision to plead guilty (cf. People v. Wheeler, 128 A.D.3d 1177, 1178, 8 N.Y.S.3d 736 [2015] ). Similarly, "defendant's plea was not rendered ineffective by his unsworn allocution because he was not required to re......
- People v. Powell
-
People v. Crampton
... ... sentencing exposure influenced his decision to plead guilty ... (cf. People v Wheeler, 128 A.D.3d 1177, 1178 ... [2015]). Similarly, "defendant's plea was not ... rendered ineffective by his unsworn allocution because he ... ...
-
People v. Lamb
...942, 944, 71 N.Y.S.3d 669 [2018], lv denied 31 N.Y.3d 1087, 79 N.Y.S.3d 109, 103 N.E.3d 1256 [May 30, 2018] ; People v. Wheeler, 128 A.D.3d 1177, 1178, 8 N.Y.S.3d 736 [2015] ; see also People v. Roche, 106 A.D.3d 1328, 1329, 965 N.Y.S.2d 245 [2013] ). Defendant's ineffective assistance of c......