New York Criminal Lawyer Blog
A guilty plea in New York is valid only if it is knowing, voluntary, and intelligent. This means the defendant must understand the charges, the rights being given up, and the direct consequences of the plea, including the sentence that may be imposed. The decision to plead guilty must be made freely, without improper pressure, and based on accurate information. When a court gives incorrect information about sentencing, that error can affect whether the plea meets this standard.
In People v. Scott, the New York Court of Appeals considered whether a guilty plea was knowing, voluntary, and intelligent when the trial court repeatedly gave the defendant the wrong information about the sentence he could face if he went to trial and lost. The case involved three burglary charges arising from separate incidents, a negotiated plea offer, and later statements by the court about possible consecutive sentences. The appeal required the Court to examine the effect of sentencing misinformation on a defendant’s decision to plead guilty and to decide whether the issue could be reviewed on direct appeal even though the defendant had not moved to withdraw his plea before sentencing.