PEOPLE v. BUCHANAN

Ind. Nos. 3229/16, 24/17. Appeal No. 13576-13576A. Case Nos. 2018-1758, 2020-03319.

194 A.D.3d 655 (2021)

147 N.Y.S.3d 53

2021 NY Slip Op 03386

The People of the State of New York, Respondent, v. Timothy Buchanan, Appellant.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Alexandra L. Mitter of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Stephen J. Kress of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.


The sentencing risk that a defendant would avoid by pleading guilty is an essential consideration in determining whether or not to accept a plea deal. We have stated that "defendants must ... be made aware of the sentencing parameters so that they may assess the propriety of entering a plea of guilty" (People v Johnson, 160 A.D.3d 516, 518 [1st Dept 2018]). "To that end, a defendant's receipt of inaccurate information regarding ...

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