Fourth Department — Plea Colloquy: People v. Monroe

Appellate Division, Fourth Department

Plea Colloquy

Knowing, Voluntary, Intelligent Plea

People v. Monroe
KA 09-01625
Appealed from Monroe County Court

Background: After pleading guilty to second-degree criminal possession of a weapon, the defendant moved to withdraw his plea, contending the plea was not entered into knowingly, voluntarily and intelligently. He argued that county court failed to inform defendant of certain constitutional rights. County court denied the motion and defendant appealed.

Ruling: Judgment is affirmed. Trial judges may consider a number of factors during a plea colloquy, including the seriousness of the crime, the competency, experience and actual participation by counsel, the rationality of the plea bargain, and the pace of the proceedings in the particular criminal court. Here, defendant had previously pleaded guilty five times in New York, indicating his familiarity with the plea process and awareness of the rights he waived. Further, the defendant’s counsel actively advocated for the defendant, and the defendant confirmed that defense counsel explained his rights to him.

Janet C. Somes for the defendant; Matthew Dunham for Monroe County District Attorney’s Office