People v. Clark
Opinion of the Court
—Judgment of resentence of the Supreme Court, New York County (B. Roberts, J.), rendered on January 4, 1982, resentencing defendant to a term of 2 to 6 years, upon his conviction, after a jury trial, of robbery in the first degree, is unanimously reversed, on the law, the sentence vacated, and the original sentence of 6 to 12 years reinstated. Following a jury trial, defendant was convicted on August 5,1981 of robbery in the first degree. The People subsequently filed a predicate felony information against him, alleging that he had pleaded guilty in New York County on November 16, 1979 to attempted robbery in the second degree. Defendant moved to controvert the predicate felony information, which was denied on November 20,1981, and he was sentenced to a term of from 6 to 12 years’ imprisonment. On January 4, 1982, defendant moved to reargue. The court granted the motion to reargue and then granted the motion to controvert, resentencing the defendant to a term of 2 to 6 years. On appeal, the People challenge the court’s ruling granting the motion to controvert the predicate felony information and the resentence of the defendant. The prior case involved a plea of guilty to attempted robbery in the second degree pursuant to an indictment charging him with robbery in the second degree. At the plea proceeding, defendant was represented by counsel. Also present was his attorney in a separate Criminal Court matter. Defendant conferred with both lawyers before entering his guilty plea. In pertinent part, the following colloquy occurred: “the court: You know you are charged with a robbery in the second degree. If you plead guilty you are giving up your right to have a trial of that charge, to tell any kind of story you want to tell to the Jury, to hear the complainant, any other witnesses that are called, and give up any chance that a Jury might acquit you, even if you are guilty; you understand that this is the last shot you get at a trial; you understand that? the defendant: Yes, sir. the court: Now, tell me what you did that you are pleading guilty of? the defendant: I’m pleading guilty to the fact that I knew what was going to happen on that day of the robbery, the court: Did you help him? the defendant: No, sir. the court: All right; that’s it. All right, get it ready for trial then. mr. snyder: Judge, may I have a second? He might not have understood the question, the court: It was a simple question. You knew there was a robbery going on. Did you help the other two fellows do it? Don’t tell me it is so if it is not. mr. snyder: Judge, he had a little misunderstanding, the court: Just tell me what your pait in this robbery? the defendant: More or less: Like a lookout, the court: Before it happened, did the other fellows tell you to act as the lookout? the defendant: Yes. the court: And that is what your job was? the defendant: Yes, sir. the court: Did you know that they were going to rob a man at that stand? the defendant: Yes, sir. the court: I told Mr. Snyder and I am telling you that you do not have much of a record. You are in a couple of weeks now. You are going to get probation in this case, but you are pleading to a felony. That means, in this State if you get in trouble again, the next time you get a stiffer sentence. You are pleading guilty to a violent felony, so if you get convicted of a felony or a violent felony any time in the next 10 years in this State you get an automatic State Prison sentence, and you get a stiffer sentence because you took a plea in this case. You understand that? the defendant: Yes, sir.” In the case before us, the court examined the foregoing minutes, noting that the defendant had been only 20 years old at the time of the earlier conviction, that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.