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People v. Widgins

Supreme Court, Appellate Term, First Department, New York.
Mar 24, 2016
36 N.Y.S.3d 409 (N.Y. App. Div. 2016)

Opinion

No. 570140/13.

03-24-2016

The PEOPLE of the State of New York, Respondent, v. Adam WIDGINS, Defendant–Appellant.


Judgments of conviction (Diana M. Boyar, J.), rendered January 15, 2014 and January 16, 2014, affirmed.

Since defendant did not move to withdraw his guilty plea or vacate the judgments, and since this case does not come within the narrow exception to the preservation requirement (see People v. Peque, 22 NY3d 168, 182 [2013], cert denied sub nom. Thomas v. New York, 135 S.Ct. 90 [2014] ; People v. Toxey, 86 N.Y.2d 725 [1995] ), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice (see People v. Siders, 123 AD3d 408 [2014], lv denied 26 NY3d 935 [2015] ). As an alternative holding, we reject it on the merits. At the plea proceeding, defendant pleaded guilty with full knowledge that he would be sentenced to two concurrent eight-month jail terms, as opposed to receiving potential consecutive one-year sentences if convicted after trial (see People v. Murray, 15 NY3d 725, 726–727 [2010] ; People v. Alicea, 106 AD3d 619, 620 [2013], lv denied 21 NY3d 1040 [2013] ), and defendant had all the information he needed to “knowingly, voluntarily and intelligently choose among alternative courses of action” (People v. Catu, 4 NY3d 242, 245 [2005] ).

Defendant's claim of coercion was vague and unsubstantiated, and contradicted by his detailed plea allocution (see People v. Nunez, 78 AD3d 503, 503–504 [2010], lv denied 16 NY3d 799 [2011] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

People v. Widgins

Supreme Court, Appellate Term, First Department, New York.
Mar 24, 2016
36 N.Y.S.3d 409 (N.Y. App. Div. 2016)
Case details for

People v. Widgins

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Adam WIDGINS…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Mar 24, 2016

Citations

36 N.Y.S.3d 409 (N.Y. App. Div. 2016)