People v. Vences, 125 A.D.3d 1050 (N.Y. App. Div. 3d Dep't 2015). · Go Syfert
People v. Vences, 125 A.D.3d 1050 (N.Y. App. Div. 3d Dep't 2015). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
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At page 1051 Assessing knowing and intelligent guilty plea waivers14 citing cases“adequately convey 'that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty”1 citing court quotes it · 12 listed here
  • People v. Cotto, 156 A.D.3d 1063 (N.Y. App. Div. 3d Dep't 2017).published
    “We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither an affirmative showing on the record that defendant waived his constitutional rights nor any indication that he consulted with his…
  • People v. Herbert, 147 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2017).published
    With no affirmative showing on the record that defendant understood and waived his constitutional rights when he entered the guilty plea, the plea was invalid and must be vacated (see People v Lowe, 133 AD3d at 1101; People v Klinger, 129…
  • People v. Giammichele, 144 A.D.3d 1320 (N.Y. App. Div. 3d Dep't 2016).published
    Defendant argues that his plea was invalid because County Court failed to sufficiently advise him that he would be giving up certain rights by pleading guilty (see People v Tyrell, 22 NY3d 359, 365 [2013]; see also Boykin v Alabama, 395 US…
  • People v. Davis, 136 A.D.3d 1220 (N.Y. App. Div. 3d Dep't 2016).published
    Accordingly, we are unable to conclude that defendant appreciated the consequences of the waiver (see People v Elmer, 19 NY3d 501, 510 [2012]; People v Rabideau, 130 AD3d 1094, 1094-1095 [2015]; People v Ashlaw, 126 AD3d at 1237 ; People v…
  • B People v. Martin, 134 A.D.3d 1158 (N.Y. App. Div. 3d Dep't 2015).published
    Additionally, in view of County Court’s failure to distinguish the right to appeal from the remainder of the rights automatically forfeited by defendant upon his plea of guilty, as well as the court’s limited inquiry into whether defendant…
  • People v. Lowe, 133 A.D.3d 1099 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Accordingly, defendant did not validly waive his right to appeal (see People v Rabideau, 130 AD3d 1094, 1095 [2015]; People v Phipps, 127 AD3d 1500, 1501 [2015], lv denied 26 NY3d 970 [2015]; see also People v Callahan, 80 NY2d 273, 280-28…
  • People v. Williams, 132 A.D.3d 1155 (N.Y. App. Div. 3d Dep't 2015).published
    Initially, we find defendant’s waiver of his right to appeal invalid, as County Court “did not adequately convey that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty but, rather,…
  • People v. Mones, 130 A.D.3d 1244 (N.Y. App. Div. 3d Dep't 2015).published 8 cites
    A written waiver executed by defendant the same day as the plea colloquy suffers from the same deficiency and, in any event, "there was 'no attempt by the court to ascertain on the record an acknowledgment from defendant that he had, in fa…
  • People v. Phipps, 127 A.D.3d 1500 (N.Y. App. Div. 3d Dep't 2015).published
    Although the two written waivers, which were signed by defendant in open court, distinguished these rights and stated that defendant had a full opportunity to discuss the waivers with his attorney, County Court made no inquiry as to whethe…
  • People v. Proper, 133 A.D.3d 918 (N.Y. App. Div. 3d Dep't 2015).published
    As to the merits, defendant argues that his guilty plea was not knowing, voluntary and intelligent because County Court failed to advise him of the rights he was waiving by pleading guilty, including “the privilege against self-incriminati…
Show 2 more citing cases
  • People v. Rabideau, 130 A.D.3d 1094 (N.Y. App. Div. 3d Dep't 2015).published
    Although a written waiver dated the same day as the plea proceeding is in the record, “County Court made no inquiry as to whether defendant understood [it] or whether his counsel had in fact discussed the waiver [ ] with him” (People v Phi…
  • People v. Klinger, 129 A.D.3d 1115 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Defendant argues that his plea was invalid because County Court failed to advise him of the rights that he would be waiving by pleading guilty, including “the privilege against self-incrimination and the rights to a jury trial and to be co…
At page 1050 Reviewing plea for lack of knowing and intelligent consent3 citing casesLynch, J. Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered February 1, 2013, convicting defendant upon his plea of guilty…opening of page *1050 (no citing court says what it cites this page for) · 2 listed here
  • People v. Watkins, 140 A.D.3d 1206 (N.Y. App. Div. 3d Dep't 2016).published
    Given that County Court failed to inform defendant of the direct consequences of his conviction as to a particular crime and as to any postrelease supervision, defendant’s plea was not knowing, voluntary and intelligent (see People v Catu,…
  • People v. Lacroix, 133 A.D.3d 1095 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    The record thus fails to reveal that defendant was accurately advised of the essential terms and conditions of the plea agreement (see People v Vences, 125 AD3d 1050, 1050-1051 [2015]; compare People v Massia, 131 AD3d 1280, 1281 [2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jose L. Vences
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2015.
Published opinion
125 A.D.3d 1050
Lynch.
Cited by 20 opinions  |  Published
Lynch, J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered February 1, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant entered a guilty plea to burglary in the second degree in satisfaction of an indictment that also charged petit larceny. No plea agreement was reached because the People were unwilling to recommend defendant, age 16 at the time, for youthful offender status (see CPL 720.10). County Court imposed a prison term of five years, with five years of post-release supervision, and denied youthful offender status. Defendant now appeals.

A review of the record supports defendant’s contention that his guilty plea and waiver of appeal were not knowing, voluntary and intelligent. As a threshold matter, the terms under which defendant was entering a guilty plea were not clearly stated prior to the plea allocution, County Court misstated the minimum term of postrelease supervision (see Penal Law § 70.45 [2] [f]), and defendant was not advised of the maximum potential sentence {see People v Brown, 77 AD3d 1053, 1054 [2010]). While the People stated that defendant would be entering an “open” guilty plea to both counts of the indictment[*1051] without an appeal waiver, which defendant was entitled to do “as a matter of right” (CPL 220.10 [2]), upon inquiry from County Court defense counsel stated, without explanation or discussion, that defendant would be waiving his right to appeal. The court then reiterated that there was no plea agreement. After defendant’s plea allocution to the burglary count only, the People changed course and indicated that defendant would not be required to enter a plea to the remaining count and the court stated that the plea satisfied that charge. Thus, the record does not reflect that defendant was accurately advised, prior to the plea allocution, of his rights, options or the terms of his plea.

Moreover, “[w]hen a defendant opts to plead guilty, he [or she] must waive certain constitutional rights — the privilege against self-incrimination and the rights to a jury trial and to be confronted by witnesses” (People v Tyrell, 22 NY3d 359, 365 [2013], citing Boykin v Alabama, 395 US 238, 243 [1969]). While there is no “uniform mandatory catechism” (People v Alexander, 19 NY3d 203, 219 [2012] [internal quotation marks and citation omitted]), and the court need not “specifically enumerate all the rights” implicated (People v Harris, 61 NY2d 9, 16 [1983]), here, the only constitutional right referred to was the right to a jury trial. We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]).*

We also note, with regard to the oral appeal waiver, that County Court did not adequately convey “that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” but, rather, improperly lumped those rights together (People v Lopez, 6 NY3d 248, 256 [2006]; see People v Bradshaw, 18 NY3d 257, 264 [2011]). Although the record contains a written appeal waiver dated the same day as the plea proceedings, there was no “attempt by the court to[*1052] ascertain on the record an acknowledgment from defendant that he had, in fact, signed the waiver or that, if he had, he was aware of its contents” (People v Callahan, 80 NY2d 273, 283 [1992]; see People v Patterson, 119 AD3d 1157, 1158 [2014], lv denied 24 NY3d 1046 [2014]). In light of the foregoing, defendant’s remaining contentions need not be addressed.

Peters, P.J., Lahtinen and McCarthy, JJ., concur. Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and matter remitted to the County Court of Sullivan County for further proceedings not inconsistent with this Court’s decision.

While defendant did not move to withdraw his plea on this ground, the Court of Appeals has suggested that a “Boykin rights” error “could also be viewed as a mode of proceedings error for which preservation is not required” (People v Tyrell, 22 NY3d at 364). In any event, we exercise our interest of justice jurisdiction to reverse the judgment (see CPL 470.15 [3] [c]).