New York Court of Appeals, 1998

People v. Garcia

New York Court of Appeals · Decided July 9, 1998 · Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur

700 N.E.2d 311; 92 N.Y.2d 869; 677 N.Y.S.2d 772; 1998 N.Y. LEXIS 1836 (North Eastern Reporter, Second Series)

Cases that cite this one

96 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Williams (Appellate Division of the Supreme Court of New York 2026)
People v. Gaity (Appellate Division of the Supreme Court of New York 2023)
People v. Principato (Appellate Division of the Supreme Court of New York 2021)
People v. Mack (Appellate Division of the Supreme Court of New York 2016)
People v. Ortiz (Appellate Division of the Supreme Court of New York 2010)
People v. Scott (N.Y. 2025)
People v. Amico (Appellate Division of the Supreme Court of New York 2021)
People v. Mack (Appellate Division of the Supreme Court of New York 2019)
People v. Walker (Appellate Division of the Supreme Court of New York 2019)
People v. Odom (Appellate Division of the Supreme Court of New York 2018)
CULVER, JR., THOMAS A., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Culver (Appellate Division of the Supreme Court of New York 2012)
People v. Johnson (Appellate Division of the Supreme Court of New York 2005)
People v. Madison (Appellate Division of the Supreme Court of New York 2026)
People v. Nagle (Appellate Division of the Supreme Court of New York 2026)
People v. Ferrara (Appellate Division of the Supreme Court of New York 2025)
People v. Moran (Appellate Division of the Supreme Court of New York 2025)
People v. Maxon (Appellate Division of the Supreme Court of New York 2024)
People v. Argueta (Appellate Division of the Supreme Court of New York 2024)
People v. Guzman (Appellate Division of the Supreme Court of New York 2023)
People v. McDonnell (Appellate Division of the Supreme Court of New York 2023)
People v. Spring (Appellate Division of the Supreme Court of New York 2023)
People v. Smith (Appellate Division of the Supreme Court of New York 2022)
People v. McGowan (Appellate Division of the Supreme Court of New York 2022)
People v. Robinson (Appellate Division 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.

On appeal, defendant contends that since he was misinformed about the maximum sentence to which he was exposed, his guilty plea was not knowing, intelligent, and voluntary. Whether a plea was knowing, intelligent and voluntary is dependent upon a number of factors “including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused” (People v Hidalgo, 91 NY2d 733, 736). That the defendant allegedly received inaccurate information regarding his possible sentence exposure is another factor which must be considered by the court, but it is not, in and of itself, dispositive.

The record demonstrates that the length of the sentence was but one of many elements considered by the defendant before *871 the plea was accepted. It is also true, on the facts presented here, that the defendant, arguably, could have received a consecutive sentence as his attorney advised him. Thus, it cannot be said, as a matter of law, that defendant’s plea of guilty was not knowing, intelligent and voluntary. Defendant’s remaining contentions are without merit.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.