| People v Kelley |
| 2014 NY Slip Op 01027 [114 AD3d 1229] |
| February 14, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Jayson M. Kelley, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Maria Maldonado of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.),rendered June 3, 2010. The judgment convicted defendant, upon his plea of guilty, ofburglary in the first degree and robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed onthe law, the plea is vacated, and the matter is remitted to Onondaga County Court forfurther proceedings on the indictment.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of burglary in the first degree (Penal Law § 140.30 [2]) and robbery in thefirst degree (§ 160.15 [3]). Pursuant to the terms of the plea agreement, CountyCourt imposed concurrent, determinate terms of incarceration of 20 years. Defendantcontends that the court erred in denying his motion to withdraw his guilty plea on theground that it was coerced by the court's statements concerning the potential terms ofincarceration in the event that he was convicted following a trial. We agree withdefendant that "the court's statements do not amount to a description of the range ofpotential sentences but, rather, they constitute impermissible coercion, 'rendering the pleainvoluntary and requiring its vacatur' " (People v Flinn, 60 AD3d 1304, 1305 [2009]; seePeople v Fanini, 222 AD2d 1111, 1111 [1995]). In light of our decision, we do notaddress defendant's remaining contentions. Present—Scudder, P.J., Smith, Centra,Carni and Whalen, JJ.