At page 1690 Invalidity of waiver of right to appeal at plea10 citing cases“was not mentioned until after he pleaded guilty,”
- People v. Thomas, 237 A.D.3d 1479 (N.Y. App. Div. 4th Dep't 2025).published "A waiver of the right to appeal is not effective where . . . it '[is] not mentioned until after [the] defendant plead[s] guilty' " ( People v Weir , 174 AD3d 1465, 1466 [4th Dept 2019], lv denied 34 NY3d 1020 [2019]; see People v Willis ,…
- People v. Moore, 236 A.D.3d 1375 (N.Y. App. Div. 4th Dep't 2025).published Contrary to defendant's further contention, however, the invalidity of the waiver of the right to appeal does not undermine the voluntariness of his guilty plea ( see People v Blackwell , 129 AD3d 1690, 1690 [4th Dept 2015], lv denied 26 N…
- People v. Zabko, 206 A.D.3d 1642 (N.Y. App. Div. 4th Dep't 2022).publishedInitially, contrary to defendant's contention, the record establishes that, before defendant pleaded guilty, County Court mentioned that a waiver of the right to appeal would be a condition of the plea bargain ( see People v Rohadfox , 175…
- People v. Knorr, 195 A.D.3d 1573 (N.Y. App. Div. 4th Dep't 2021).publishedAssuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the resentence ( see generally People v Blackwell , 129 AD3d 1690, 1690 [4th Dept 2015], lv deni…
- People v. Love, 179 A.D.3d 1541 (N.Y. App. Div. 4th Dep't 2020).publishedContrary to defendant's contention, his waiver of the right to appeal is valid inasmuch as County Court informed defendant, before he entered his plea, that the waiver would be a condition of the plea ( cf. People v Blackwell , 129 AD3d 16…
- People v. Willis, 2018 NY Slip Op 3291 (N.Y. App. Div. 4th Dep't 2018).publishedSupreme Court did not elicit the waiver until after defendant had pleaded guilty and, in any event, "the record fails to establish that [the court] engaged him in an adequate colloquy to ensure that the waiver was a knowing and voluntary c…
- People v. Mobayed, 2018 NY Slip Op 773 (N.Y. App. Div. 4th Dep't 2018).publishedCounty Court failed to obtain a knowing and voluntary waiver of the right to appeal at the time of the plea ( see People v Brown , 148 AD3d 1562 , 1562-1563 [4th Dept 2017], lv denied 29 NY3d 1124 [2017]; People v Blackwell , 129 AD3d 1690…
- People v. Mason, 144 A.D.3d 1589 (N.Y. App. Div. 4th Dep't 2016).published He purported to waive that right at sentencing, but the waiver “was not mentioned until after [he] pleaded guilty,” and we therefore conclude that it was not effective with respect to either appeal (People v Blackwell, 129 AD3d 1690, 1690…
- Mason, Arthur E., People v., No. KA 12-02180 (N.Y. App. Div. 4th Dep't Nov. 10, 2016).published
At page 1691 Denial of substitution of counsel and pro se motions6 citing cases“evinced disagreements with counsel over strategy . . . , which were not sufficient grounds for substitution”
- People v. Burney, 204 A.D.3d 1472 (N.Y. App. Div. 4th Dep't 2022).publishedConversely, defense counsel "does not create an actual conflict merely by 'outlining his [or her] efforts on [the] client's behalf' . . . and 'defending his [or her] performance' " ( id. ; see Nelson , 7 NY3d at 884 ; People v Avent , 178…
- People v. O'Connor, 2019 NY Slip Op 8333 (N.Y. App. Div. 4th Dep't 2019).publishedThe court made the requisite "minimal inquiry" into defendant's objections concerning his attorney (People v Sides, 75 NY2d 822, 825 [1990]), and reasonably determined that defendant had not shown good cause for substitution ( see People v…
- People v. Rupert, 136 A.D.3d 1311 (N.Y. App. Div. 4th Dep't 2016).published Instead, defendant’s allegations regarding defense counsel “evinced disagreements with counsel over strategy . . . , which were not sufficient grounds for substitution” (People v Blackwell, 129 AD3d 1690, 1691 [2015] [internal quotation ma…
- Rupert, Franklin a., People v., No. KA 12-00687 (N.Y. App. Div. 4th Dep't Feb. 5, 2016).publishedInstead, defendant’s allegations regarding defense counsel “evinced disagreements with counsel over strategy . . . , which were not sufficient grounds for substitution” (People v Blackwell, 129 AD3d 1690, 1691 [internal quotation marks omi…
- People v. Griffin, 134 A.D.3d 1228 (N.Y. App. Div. 3d Dep't 2015).publishedIn any event, “[d]efense counsel was not required to support defendant’s various pro se motions” (People v Blackwell, 129 AD3d 1690, 1691 [2015], lv denied 26 NY3d 926 [2015]; see People v Jones, 261 AD2d 920, 920 [1999], lv denied 93 NY2d…
Other citing cases
- People v. Williams, 2018 NY Slip Op 5091 (N.Y. App. Div. 4th Dep't 2018).published
v.
James L. Blackwell
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June 10, 2010. The judgment convicted defendant, upon his plea of guilty, of forgery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of forgery in the second degree (Penal Law § 170.10 [1]). We agree with defendant that his purported waiver of the right to appeal is invalid. The waiver was not mentioned until after defendant pleaded guilty and, in any event, the record fails to establish that County Court engaged him in an adequate colloquy to ensure that the waiver was a knowing and voluntary choice (see People v Frysinger, 111 AD3d 1397, 1398 [2013]; see generally People v Bradshaw, 18 NY3d 257, 264-267 [2011]). Contrary to defendant’s further contention, however, the invalidity of the waiver of the right to appeal does not undermine the voluntariness of his guilty plea (see generally People v Gruber, 108 AD3d 877, 878 [2013], lv denied 22 NY3d 956 [2013]).
Defendant contends that the court lacked jurisdiction over him because he did not enter a formal plea to the indictment[*1691] (see CPL 210.50). That contention is not preserved for our review (see People v Miller, 27 AD3d 1017, 1017-1018 [2006]), and we conclude that it would not warrant reversal in any event given that the parties at all times “proceeded ... as if defendant had entered a formal plea of not guilty” (People v Rodabaugh, 26 AD3d 598, 600 [2006]).
We reject defendant’s contention that the court abused its discretion in denying his request to substitute counsel. Even assuming, arguendo, that defendant’s factual allegations were specific enough to give rise to a duty on the part of the court to consider the request (see People v Porto, 16 NY3d 93, 99-100 [2010]; cf. People v Lewicki, 118 AD3d 1328, 1329 [2014], lv denied 23 NY3d 1064 [2014]), we conclude that the court made the requisite “minimal inquiry” into defendant’s objections concerning his attorney (People v Sides, 75 NY2d 822, 825 [1990]; see People v Adger, 83 AD3d 1590, 1592 [2011], lv denied 17 NY3d 857 [2011]), and reasonably determined that defendant had not shown good cause for substitution (see People v Linares, 2 NY3d 507, 510-512 [2004]). “ ‘At most, defendant’s allegations evinced disagreements with counsel over strategy . . . , which were not sufficient grounds for substitution’ ” (People v Bradford, 118 AD3d 1254, 1255 [2014], lv denied 24 NY3d 1082 [2014]). In addition, the record does not establish that defendant made an unequivocal request to represent himself (see generally People v Morgan, 72 AD3d 1482, 1482-1483 [2010], lv denied 15 NY3d 854 [2010]). We conclude that the court did not abuse its discretion in refusing to entertain defendant’s other pro se motions (see generally People v Rodriguez, 95 NY2d 497, 501-502 [2000]).
Finally, we reject defendant’s contention that he was denied effective assistance of counsel. Defense counsel was not required to support defendant’s various pro se motions (see People v Adams, 66 AD3d 1355, 1356 [2009], lv denied 13 NY3d 858 [2009]; see also People v Jones, 261 AD2d 920, 920 [1999], lv denied 93 NY2d 972 [1999]), and she did not take a position that was adverse to his interests merely by briefly defending her own performance in response to his request to substitute counsel (see People v Fudge, 104 AD3d 1169, 1170 [2013], lv denied 21 NY3d 1042 [2013]; see generally People v Nelson, 7 NY3d 883, 884 [2006]). To the extent that defendant contends that counsel was ineffective because she “misrepresented the initial plea offer and his ability to participate in the judicial diversion program,” we conclude that such contention is based upon matters outside the record and thus may be raised only by way of a motion pursuant to CPL article 440 (see generally [*1692] People v Ross, 118 AD3d 1413, 1416 [2014], lv denied 24 NY3d 964 [2014]; People v Snitzel, 270 AD2d 836, 836-837 [2000], lv denied 95 NY2d 804 [2000]).
Present — Centra, J.P., Carni, Lindley and De Joseph, JJ.