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People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 989 (N.Y. App. Div. 1975)

Opinion

April 17, 1975

Appeal from the Erie Supreme Court.

Present — Marsh, P.J., Moule, Simons, Mahoney and Goldman, JJ.


Judgment unanimously affirmed. Memorandum: From the facts in the record it appears that when the plea was taken to a reduced charge, the court represented that the maximum penalty that could be imposed for that charge was four years. Thereafter, upon receiving a copy of defendant's prior record showing numerous prior convictions, it gave notice to defendant pursuant to CPL 400.20 that a hearing would be held to determine whether he should be found to be a persistent felony offender, and if so found, whether the facts in defendant's background and prior criminal conduct, of which he was apprised, required that he be subjected to extended incarceration and lifetime supervision. The allegations of defendant's prior criminal convictions were uncontroverted by defendant and no claim was made of any constitutional deprivation in connection with any prior conviction. Having been put on notice by the court of the possibility of his being found to be a persistent felony offender and subject to extended incarceration and lifetime supervision, defendant acknowledged that he was subject to an extended sentence and made no effort to vacate or withdraw his plea. Under such circumstances it is clear that when defendant appeared for sentence he was not relying on the representation made by the court when his plea was taken as to the maximum sentence that could be imposed by the court (see People v Caputo, 36 N.Y.2d 653).


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 17, 1975
47 A.D.2d 989 (N.Y. App. Div. 1975)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH A. WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 17, 1975

Citations

47 A.D.2d 989 (N.Y. App. Div. 1975)

Citing Cases

Williams v. Smith

That Court then concluded "[u]nder such circumstances it is clear that when defendant appeared for sentencing…

Williams v. Smith

The Appellate Division, 4th Dept., rejected both arguments. People v. Williams, 47 A.D.2d 989, 366 N.Y.S.2d…