PEOPLE v. RODRIGUEZ

10184, 2487/16.

176 A.D.3d 579 (2019)

112 N.Y.S.3d 715

2019 NY Slip Op 07692

The People of the State of New York, Respondent, v. Andres Rodriguez, Appellant.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jennifer Westphal of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.


Even if some of the court's remarks to defendant about the consequences of proceeding to trial should have been avoided, "the record as a whole, including the fact that defendant had already received an extensive opportunity to consider the plea offer and confer with counsel, establishes the voluntariness of the plea" (People v Wilson, 172 A.D.3d 413, 414 [1st Dept 2019]; see also People v Garcia, 92 N.Y.2d 869, 870 [1998...

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