PEOPLE v. JACKSON (1999)

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

The PEOPLE of the State of New York, Respondent, v. John JACKSON, Defendant-Appellant.

Decided: June 17, 1999

SULLIVAN, J.P., NARDELLI, MAZZARELLI, RUBIN and ANDRIAS, JJ.

Michael S. Morgan, for Respondent. Abigail Everett, for Defendant-Appellant.

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.

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 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022), 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 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).

MEMORANDUM DECISION.

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