Legal Opinion

People v. McFadden

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 2017No. 3796 694/15Published

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered May 28, 2015, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him, as a second felony offender, to a term of 3V2 years, unanimously affirmed.

Defendant’s claim that his plea was coerced by a remark made by the court during the plea proceeding is concededly unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we find that the plea was knowingly, intelligently and voluntarily made. The remark at issue was essentially an accurate,…

2Cases cited1 opinion

  1. People v. TabaresAppellate Division of the Supreme Court of the State of New York · 2008

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