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People v. Bellinger

Citation: 2019 NY Slip Op 7028Docket: 1479/2014 -2373/2014 9967B 3275/2014 9967A

Court: Appellate Division of the Supreme Court of the State of New York; October 1, 2019; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a criminal case involving charges of gang assault, conspiracy, and criminal possession of a controlled substance, the defendant was convicted and sentenced to an aggregate term of 17 years as a second violent felony offender. The defendant appealed the conviction, specifically challenging the trial court's denial of his motion to withdraw his guilty plea. The Appellate Division, First Department, upheld the conviction, ruling that the trial court properly exercised its discretion in denying the motion. The appellate court found the defendant's plea voluntary, rejecting claims of coercive conduct by his former attorney as unsubstantiated. The court determined that the defendant’s brief responses during the plea colloquy did not invalidate his plea, nor was there a requirement for him to recite the facts personally, as he affirmed the court's summary. The unanimous decision was rendered by Justices Friedman, Tom, Webber, Gesmer, and Oing, affirming the trial court's judgment in its entirety.

Legal Issues Addressed

Role of Defendant's Responses during Plea Colloquy

Application: A defendant’s brief, monosyllabic responses during the plea colloquy do not necessarily invalidate a guilty plea.

Reasoning: Bellinger’s brief, monosyllabic responses during the plea colloquy did not invalidate the plea, and there was no requirement for him to personally recite the facts of the crime, as he confirmed the accuracy of the court's summary.

Voluntariness of Guilty Plea

Application: A guilty plea is considered voluntary if the defendant acknowledges the accuracy of the court's summary of the crime without personally reciting the facts.

Reasoning: The record demonstrated that the plea was voluntary, and claims of coercive conduct by his previous attorney were deemed unsubstantiated.

Withdrawal of Guilty Plea

Application: The trial court's discretion in denying a motion to withdraw a guilty plea is upheld when the plea is found to be voluntary and claims of coercion are unsubstantiated.

Reasoning: The court found that the trial court properly exercised its discretion in denying Bellinger’s motion to withdraw his guilty plea, which he attempted to do with new counsel.