Majority
p. 169The People of the State of New York, Respondent, v John Jackson, Appellant. [692 NYS2d 60]
—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered November 20, 1997, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.
p. 170
While we agree with defendant that his challenge to the voluntariness of his plea survives his waiver of the right to appeal (People v Seaberg, 74 NY2d 1 , 10), we find that the record establishes that his plea was voluntary. Nothing in the allocution casts doubt on defendant’s guilt. The court’s comments on possible sentences in the event of a conviction after trial, however inappropriate, did not rise to the level of being coercive (see, People v Cornelio, 227 AD2d 248 , lv denied 88 NY2d 982 ). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.
Cases cited
- People v. Seaberg 74 NY2d 1 at 10 p. 170