PEOPLE v. MOORE (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Kevin MOORE, a/k/a Carl Harris, Defendant-Appellant.

Decided: June 10, 1997

Before SULLIVAN, J.P., and ROSENBERGER, ELLERIN, WILLIAMS and MAZZARELLI, JJ.

Melissa Goldstein, for respondent. Elizabeth J. Miller, for defendant-appellant.

Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered November 28, 1995, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1 1/2 to 3 years, unanimously affirmed.

Defendant's motion to withdraw his guilty plea was properly denied. The court emphasized defendant's right to go to trial, and properly advised him that it could not say whether it would find defendant a persistent felony offender if he were convicted. Defendant's prior criminal record was substantial and the court appropriately warned him that he was in peril of being adjudicated a persistent felony offender and of receiving a sentence greater than the legal minimum (People v. Cornelio, 227 A.D.2d 248, 642 N.Y.S.2d 648, lv denied 88 N.Y.2d 982, 649 N.Y.S.2d 389, 672 N.E.2d 615; People v. Clark, 207 A.D.2d 709, 616 N.Y.S.2d 946, lv denied 84 N.Y.2d 934, 621 N.Y.S.2d 531, 645 N.E.2d 1231).

MEMORANDUM DECISION.

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