PEOPLE v. WHITFIELD

Ind. No. 3405/15. Appeal No. 14322. Case No. 2018-4517.

198 A.D.3d 446 (2021)

152 N.Y.S.3d 571

2021 NY Slip Op 05402

The People of the State of New York, Respondent, v. William Whitfield, Appellant.

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

Decided October 7, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Emilia King-Musza of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.


We find that defendant's plea was knowingly, intelligently, and voluntarily entered, notwithstanding the court's misstatement, immediately before the plea was entered, that the maximum sentencing exposure was 30 years, when in fact it was 25 years. In general, misinformation about sentencing exposure may invalidate a guilty plea (see e.g. People v Buchanan, 194 A.D.3d 655 [1st Dept 2021], lv denied 37 N.Y.3d 970 [2021];

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