At page 1272 “As for defendant’s waiver of appeal, we find that it was knowing, voluntary and intelligent (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]), which precludes his challenge to the sentence as harsh and excessive (see People v Lopez, 6 NY3d 248, 253 [2006]).”12 citing cases
- People v. Goodwin, 2025 NY Slip Op 02971 (N.Y. App. Div. 3d Dep't 2025).publishedTo the extent defendant takes issue with the denial of his motion to dismiss the indictment based upon the deprivation of his statutory right to testify before the grand jury, this claim is not only precluded by his unchallenged waiver of…
- People v. Miles, 2022 NY Slip Op 03283 (N.Y. App. Div. 3d Dep't 2022).publishedWe therefore find defendant's guilty plea to be knowing, intelligent and voluntary ( see People v Broomfield , 128 AD3d 1271, 1272 [2015], lv denied 26 NY3d 1086 [2015]; People v Smith , 123 AD3d 950, 950-951 [2014], lv denied 25 NY3d 953…
- People v. Daniels, 193 A.D.3d 1179 (N.Y. App. Div. 3d Dep't 2021).publishedTo the contrary, defendant was well aware of the terms of the plea agreement and the sentence to be imposed under it, and he "affirmatively 'indicated that he had sufficient time to confer [*2]with counsel and had not been forced into plea…
- People v. Torres, 2018 NY Slip Op 6599 (N.Y. App. Div. 3d Dep't 2018).publishedA review of the record establishes that, during the plea colloquy, defendant acknowledged that he had sufficient time to confer and was satisfied with counsel ( see People v Broomfield , 128 AD3d 1271, 1272 [2015], lv denied 26 NY3d 1086 […
- People v. Morris, 2018 NY Slip Op 3178 (N.Y. App. Div. 3d Dep't 2018).published"Viewing these documents together as integral parts of the whole" ( People v Striplin , 48 AD3d 878, 879 [2008], lv denied 10 NY3d 871 [2008]), we are satisfied that the requirements of CPL 200.50 (8) have been met ( see People v [*2]Broom…
- People v. Quintana, 2018 NY Slip Op 1501 (N.Y. App. Div. 3d Dep't 2018).publishedAn indictment signed by the District Attorney with an affixed backer signed by the grand jury foreperson satisfies the statutory requirements ( see CPL 200.50 [8], [9]; People v Broomfield , 128 AD3d 1271, 1272 [2015], lv denied 26 NY3d 10…
- People v. Sparbanie, 2018 NY Slip Op 1093 (N.Y. App. Div. 3d Dep't 2018).publishedA review of the plea colloquy confirms that, after being advised of the rights that he would be forfeiting by pleading guilty and afforded additional time to confer with counsel, defendant unequivocally expressed his desire to go forward w…
- People v. Smith, 155 A.D.3d 1244 (N.Y. App. Div. 3d Dep't 2017).publishedIn any event, our review of the record confirms that defendant was aware of the terms of the plea agreement, including the length of the sentence to be imposed, and affirmatively “indicated that he had sufficient time to confer with counse…
- People v. Austin, 141 A.D.3d 956 (N.Y. App. Div. 3d Dep't 2016).publishedAccordingly, this issue is unpreserved for our review (see People v Smalls, 128 AD3d 1281 , 1282 [2015], lv denied 27 NY3d 1006 [2016]; People v Broomfield, 128 AD3d 1271, 1272 [2015], lv denied 26 NY3d 1086 [2015]).
- People v. Kerrick, 136 A.D.3d 1099 (N.Y. App. Div. 3d Dep't 2016).published Given our conclusion that defendant validly waived his right to appeal, we are precluded from considering his claim that the sentence imposed was excessive (see People v Vellon, 128 AD3d 1274, 1275 [2015], lv denied 26 NY3d 1043 [2015]; Pe…
Show 2 more citing cases
- People v. Clark, 135 A.D.3d 1239 (N.Y. App. Div. 3d Dep't 2016).publishedTo the extent that these claims impact upon the voluntariness of his plea, they survive his appeal waiver but were not preserved by an appropriate postallocution motion (see People v Smalls, 128 AD3d 1281, 1282 [2015]; People v Broomfield,…
- People v. Soprano, 135 A.D.3d 1243 (N.Y. App. Div. 3d Dep't 2016).publishedAs the record does not reflect that defendant made an appropriate postallocution motion, this claim was not preserved for our review (see People v Jenkins, 130 AD3d 1091, 1091 [2015]; People v Broomfield, 128 AD3d 1271, 1272 [2015], lv den…
At page 1271 Rose, J. Appeals (1) from a judgment of the Supreme Court (Breslin, J.), rendered August 9, 2012 in Albany County, convicting defendant upon his plea of guilty…5 citing cases
- People v. Grumberg, 153 A.D.3d 1525 (N.Y. App. Div. 3d Dep't 2017).publishedAlthough this claim is not precluded by defendant’s valid waiver of the right to appeal, it is unpreserved for our review as the record does not disclose that defendant made an appropriate postallocution motion (see People v O’Keefe, 133 A…
- B People v. McCray, 139 A.D.3d 1235 (N.Y. App. Div. 3d Dep't 2016).publishedThus, the narrow exception to the preservation requirement was not triggered here (see People v Lopez, 71 NY2d 662, 664-665 [1988]; People v Broomfield, 128 AD3d 1271, 1271-1272 [2015], lv denied 26 NY3d 1086 [2015]).
- People v. Daniels, 139 A.D.3d 1256 (N.Y. App. Div. 3d Dep't 2016).publishedNor does the transcript of the plea allocution reflect *1257 that he made any statements that triggered the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 664-665 [1988]; People v Broomfield, 128 AD3d 12…
- People v. Beverly, 137 A.D.3d 1421 (N.Y. App. Div. 3d Dep't 2016).publishedAlthough this type of claim is not foreclosed by a valid waiver of the right to appeal, it has not been preserved for our review as there is no indication in the record that defendant made an appropriate postallocution motion (see People v…
- People v. Sawyer, 135 A.D.3d 1164 (N.Y. App. Div. 3d Dep't 2016).publishedWhile defendant’s challenge to the voluntariness of his guilty plea survives his appeal waiver, it is unpreserved for our review as he failed to make a postallocution motion to withdraw his plea (see CPL 220.60 [3]; People v Richardson, 13…
v.
Lendell Broomfield
Appeals (1) from a judgment of the Supreme Court (Breslin, J.), rendered August 9, 2012 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree, and (2) by permission, from an order of said court, entered February 8, 2013, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.
Defendant entered a guilty plea to the reduced charge of criminal possession of a controlled substance in the second degree and waived his right to appeal. He was sentenced in accordance with the plea agreement to a prison term of three years followed by five years of postrelease supervision. Defendant’s subsequent pro se motion to vacate the judgment pursuant to CPL 440.10 was denied without a hearing. Defendant appeals from the judgment of conviction and, by permission, from the denial of his CPL article 440 motion.
Although defendant’s challenge to the voluntariness of his guilty plea survives his waiver of the right to appeal, he failed to preserve this issue by making a postallocution motion to withdraw his plea (see CPL 220.60 [3]; People v Easter, 122 AD3d 1073, 1073 [2014], lv denied 24 NY3d 1219 [2015]). Nor did he make any statements during the plea allocution that[*1272] would trigger the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 664-665 [1988]; see also People v Tyrell, 22 NY3d 359, 363-364 [2013]). In any event, our review of the plea allocution discloses that he was informed of the terms of the agreement and the trial-related rights that he was forgoing, and that he understood the consequences of his guilty plea. Further, he indicated that he had sufficient time to confer with counsel and had not been forced into pleading guilty, belying his present claims of coercion or undue pressure (see People v Morey, 110 AD3d 1378, 1379 [2013], lv denied 23 NY3d 965 [2014]). As for defendant’s waiver of appeal, we find that it was knowing, voluntary and intelligent (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]), which precludes his challenge to the sentence as harsh and excessive (see People v Lopez, 6 NY3d 248, 253 [2006]).
With regard to defendant’s claims that he received ineffective assistance of counsel, they survive his appeal waiver to the extent that they implicate the voluntariness of his plea, but they were not preserved by a postallocution motion (see People v Guyette, 121 AD3d 1430, 1432 [2014]). In any event, the record refutes his assertion that, due to counsel’s failures, he was unaware of the duration of postrelease supervision, the consequences of the plea and the nature of an appeal waiver or that he was, by pleading guilty, waiving his pending pretrial hearings (see People v Rodriguez, 118 AD3d 1182, 1183 [2014], lv denied 24 NY3d 964 [2014]). These matters were either explained by Supreme Court or defendant acknowledged that counsel had done so. Further, a review of the record as a whole reflects that counsel pursued pretrial motions and negotiated a very favorable plea deal, and that defendant received meaningful representation (see People v Henry, 95 NY2d 563, 565 [2000]).
Turning to Supreme Court’s summary denial of defendant’s CPL article 440 motion, his challenge to the indictment based upon the asserted lack of required signatures is not a jurisdictional defect that survives his guilty plea and appeal waiver. In any event, the face of the indictment was signed by the Assistant District Attorney, as was the accompanying backer, which was also signed by the grand jury foreperson, thus satisfying the statutory requirements (see CPL 200.50 [8], [9]; People v Burch, 97 AD3d 987, 988 [2012], lv denied 19 NY3d 1101 [2012]). Defendant’s guilty plea forfeited the claim that he was denied the right to testify before the grand jury and, even crediting his assertion that counsel failed to advise him of this[*1273] right, which is not established, no prejudice is shown (see People v Carlton, 120 AD3d 1443, 1444 [2014]). Given the nature of the claims and defendant’s submissions, no hearing was required (see People v Satterfield, 66 NY2d 796, 799 [1985]).
Lahtinen, J.P., Devine and Clark, JJ., concur. Ordered that the judgment and order are affirmed.