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Fourth Department – Alford plea: People v. Sanford
By: Daily Record Staff//September 14, 2023
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Alford plea
Insufficient evidence
KA 22-00354
Appealed from Steuben County Court
Background: The defendant appealed from his conviction of criminal contempt. He argues that the court erred in accepting his Alford plea because the record lacked the requisite strong evidence of his actual guilt.
Ruling: The Appellate Division reversed. The court noted that during his plea allocution, the defendant maintained that there was insufficient evidence that he struck the victim, which related to the physical contact element of criminal contempt. The court’s inquiry failed to ascertain the strength of the evidence.
Rosemarie Richards for the defendant-appellant; John C. Tunney, of the district attorney’s office, for the respondent.
Submitted
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