People v. Garcia

Milonas, J. P.,

dissents in a memorandum as follows: I believe that, on the record before us, the guilty plea entered by defendant was not knowing and voluntary because he was repeatedly misinformed as to the maximum exposure he faced after trial. A brief plea discussion in the midst of jury selection reveals that the People had recommended a sentence of from 10 to 20 years, while the court had indicated it was prepared to impose a sentence of 8 to 16 years if defendant pled guilty. Counsel noted for the record that he had explained to his client that the maximum sentence on the top counts of…