People v. Toxey
Cases that cite this one
357 later published cases cite this decision. The 25 that cite it most often are listed here.
- The People v. Christian Williams (N.Y. 2016)
- People v. Roldan (Roberto) (Appellate Terms of the Supreme Court of New York 2025)
- People v. Pastor (Appellate Division of the Supreme Court of New York 2016)
- People v. Peque (N.Y. 2013)
- People v. Pratcher (Appellate Division of the Supreme Court of New York 2008)
- People v. Guerrero (Appellate Division of the Supreme Court of New York 2003)
- People v. Townley (Appellate Division of the Supreme Court of New York 2001)
- People v. Harris (Appellate Division of the Supreme Court of New York 2000)
- People v. Figueroa-Guzman (Appellate Division of the Supreme Court of New York 2000)
- People v. Harriott (Appellate Division of the Supreme Court of New York 2000)
- People v. Dotson (Appellate Division of the Supreme Court of New York 2000)
- People v. Delio (Appellate Division of the Supreme Court of New York 2000)
- People v. Delio (Appellate Division of the Supreme Court of New York 2000)
- People v. Hernandez (Appellate Division of the Supreme Court of New York 1999)
- People v. Covington (Appellate Division of the Supreme Court of New York 1999)
- People v. Jones (Appellate Division of the Supreme Court of New York 1999)
- People v. Crowley (Appellate Division of the Supreme Court of New York 1999)
- People v. Wallace (Appellate Division of the Supreme Court of New York 1998)
- People v. Davis (Appellate Division of the Supreme Court of New York 1998)
- People v. Jerome H. (Appellate Division of the Supreme Court of New York 2023)
- People v. Molina (Appellate Division of the Supreme Court of New York 2022)
- People v. Kundilakkandi (Appellate Division of the Supreme Court of New York 2022)
- People v. Tsintzelis (George) (Appellate Terms of the Supreme Court of New York 2022)
- People v. Cruz (Appellate Division of the Supreme Court of New York 2021)
- People v. Cortes (Corey) (Appellate Terms of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
In satisfaction of three separate indictments, appellant pleaded guilty to four counts of robbery in the first degree (Penal Law § 160.15 [4]), after admitting to forcibly stealing property from four taxi cab drivers while displaying what appeared to be a weapon. On appeal, he seeks to vacate the plea, asserting that the trial court erred by failing to inquire at the guilty plea allocution whether defendant possessed a loaded, operable weapon. Defendant claims this obligation of the court was triggered by defendant’s statement, "I don’t carry weapons.”
Defendant did not raise with the trial court the issue of the invalidity of the plea based on an alleged colloquy flaw or failure of the court to follow up. No motion to withdraw the plea pursuant to CPL 220.60 (3) or motion to vacate the judgment of conviction pursuant to CPL 440.10 was made.
We conclude that defendant’s utterances overall in this case did not engender "significant doubt” on the voluntariness of his plea. His plea allocution does not qualify for the narrow, "rare case” exception to the preservation doctrine described in People v Lopez (71 NY2d 662, 666). Accordingly, appellant’s claim on appeal was properly rejected by the Appellate Division and its order upholding the plea and conviction should be affirmed (see, CPL 470.05 [2]; People v Johnson, 82 NY2d 683, 685).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.