Britt v. State

Rosenberger, J. P.

(concurring). I concur in the result. However, since I cannot accept the majority’s recital of the facts, nor the conclusions drawn from them, I must write separately. None but a brief summary of the facts is needed.

Britt was charged with first-degree rape based on a sexual encounter which he described as consensual. He was incarcerated from the time of his arrest. He pleaded guilty to attempted first-degree rape with an agreed sentence of 4 to 8 years. His motion to withdraw his plea was denied.

On his initial appeal, Britt claimed that his plea was involuntary due to…