People v. Carr, 147 A.D.3d 1506 (N.Y. App. Div. 4th Dep't 2017). · Go Syfert
People v. Carr, 147 A.D.3d 1506 (N.Y. App. Div. 4th Dep't 2017). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
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Cited for
At page 1506 Valid waiver of right to appeal and plea13 citing cases“in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice”4 citing courts quote it
  • People v. Price, 195 A.D.3d 1570 (N.Y. App. Div. 4th Dep't 2021).published
    Although defendant's contention would survive even a valid waiver of the right to appeal ( see Thomas , 34 NY3d at 558; People v Carr , 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]), we nonetheless conclude that it la…
  • People v. Price, 194 A.D.3d 1382 (N.Y. App. Div. 4th Dep't 2021).published
    Although defendant's contention would survive even a valid waiver of the right to appeal ( see Thomas , 34 NY3d at 558; People v Carr , 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]), we nonetheless conclude that it la…
  • People v. Rumph, 2019 NY Slip Op 8309 (N.Y. App. Div. 4th Dep't 2019).published
    It is well settled that a " court need not engage in any particular litany when apprising a defendant pleading guilty of the individual rights abandoned' " ( People v Sanders , 25 NY3d 337, 341 [2015]) and, here, the record establishes tha…
  • People v. Lamagna, 173 A.D.3d 1772 (N.Y. App. Div. 4th Dep't 2019).published
    The record establishes that County Court engaged defendant "in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Carr , 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY…
  • People v. Steinbrecher, 2019 NY Slip Op 994 (N.Y. App. Div. 4th Dep't 2019).published
    Finally, the valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence ( see People v Carr , 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]; cf. People v Maracle , 19 NY3d 925…
  • People v. Saddler, 155 A.D.3d 1679 (N.Y. App. Div. 4th Dep't 2017).published 2 cites
    Here, the record establishes that County Court engaged defendant “in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Carr, 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 2…
  • People v. Milton, 155 A.D.3d 1607 (N.Y. App. Div. 4th Dep't 2017).published
    The valid waiver encompasses defendant’s challenge to the court’s suppression ruling (see People v Sanders, 25 NY3d 337, 342 [2015]; People v Kemp, 94 NY2d 831, 833 [1999]), and her challenge to the severity of the sentence (see People v L…
  • People v. Walker, 151 A.D.3d 1730 (N.Y. App. Div. 4th Dep't 2017).published
    Defendant’s valid waiver of his right to appeal with respect to both his conviction and sentence forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Carr, 147 AD3d 1506, 1506 […
  • Propst, Robert J., People v., No. KA 15-00403 (N.Y. App. Div. 4th Dep't May 5, 2017).published 2 cites
    The record establishes that County Court engaged defendant “in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Carr, 147 AD3d 1506, 1506 [internal quotation marks omitted]…
  • People v. Propst, 150 A.D.3d 1697 (N.Y. App. Div. 4th Dep't 2017).published 2 cites
    The record establishes that County Court engaged defendant “in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Carr, 147 AD3d 1506, 1506 [2017] [internal quotation marks o…
Show 3 more citing cases
  • People v. Daoust, 178 A.D.3d 1420 (N.Y. App. Div. 4th Dep't 2019).published
    The record establishes that County Court "engaged defendant in an adequate colloquy to ensure that the waiver[s] of the right to appeal w[ere] a knowing and voluntary choice . . . , and did not improperly conflate the waiver of the right t…
  • People v. Tidd, 2018 NY Slip Op 6338 (N.Y. App. Div. 4th Dep't 2018).published
  • People v. Rohadfox, 175 A.D.3d 1813 (N.Y. App. Div. 4th Dep't 2019).published
At page 1507 Determining whether plea offer acceptance constitutes coercion4 citing cases“that defendant was required to accept or reject the plea offer within a short time period does not amount to coercion”the opinion's own words at *1507, quoted by 1 later opinions
  • People v. Wilson, 197 A.D.3d 1006 (N.Y. App. Div. 4th Dep't 2021).published
    Although defendant did preserve for our review the contention in his main and pro se supplemental briefs that the court deviated from its sentencing promise, that contention is without merit inasmuch as the transcript of the plea colloquy…
  • People v. Taylor, 196 A.D.3d 1050 (N.Y. App. Div. 4th Dep't 2021).published
    Further, the court did not coerce defendant into pleading guilty by merely commenting on the strength of the People's evidence ( see Pitcher , 126 AD3d at 1472), or by informing him of the range of sentences he faced if he proceeded to tri…
  • People v. Goodwin, 2018 NY Slip Op 1800 (N.Y. App. Div. 4th Dep't 2018).published
    In addition, "the fact that [*2]defendant was required to accept or reject the plea offer within a short time period does not amount to coercion" ( People v Carr , 147 AD3d 1506, 1507 [4th Dept 2017], lv denied 29 NY3d 1030 [2017] [interna…
  • People v. Ware, 2018 NY Slip Op 1755 (N.Y. App. Div. 4th Dep't 2018).published
    In addition, "the court did not coerce defendant into pleading guilty merely by informing him of the range of sentences that he faced if he proceeded to trial and was convicted" ( People v Pitcher , 126 AD3d 1471 , 1472 [4th Dept 2015], lv…
The People of the State of New York
v.
Glenwood E. Carr, Jr.
Appellate Division of the Supreme Court of the State of New York.
Feb 10, 2017.
Published opinion
147 A.D.3d 1506
Centra, Curran, Peradotto, Scudder, Troutman.
Cited by 14 opinions  |  Published

Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), rendered December 15, 2014. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [3]), defendant contends that his waiver of the right to appeal is invalid because it was not knowingly, voluntarily, and intelligently entered. We reject that contention. The record establishes that County Court engaged defendant “in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Nicometo, 137 AD3d 1619, 1619-1620 [2016] [internal quotation marks omitted]), and that defendant “understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (People v Lopez, 6 NY3d 248, 256 [2006]; see Nicometo, 137 AD3d at 1620). The valid waiver of the right to appeal with respect to both the conviction and sentence forecloses defendant’s challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256; Nicometo, 137 AD3d at 1620; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Defendant’s further contention that the court abused its discretion in denying his motion to withdraw his guilty plea because it was not knowingly, voluntarily and intelligently entered survives his waiver of the right to appeal (see People v Sparcino, 78 AD3d 1508, 1509 [2010], lv denied 16 NY3d 746 [2011]). Even assuming, arguendo, that defendant preserved his contention for our review by moving to withdraw the plea on the same grounds as those advanced on appeal (see generally People v Gibson, 140 AD3d 1786, 1787 [2016], lv denied 28[*1507] NY3d 1072 [2016]), we conclude that it lacks merit. First, defendant’s contention that he mistakenly believed that he faced a maximum term of incarceration of life without the possibility of parole is supported only by defendant’s own self-serving statements (see People v Green, 122 AD3d 1342, 1343-1344 [2014]), and is belied by the transcript of the plea colloquy (see generally People v Manor, 121 AD3d 1581, 1582 [2014], affd 27 NY3d 1012 [2016]). Second, “ ‘the fact that defendant was required to accept or reject the plea offer within a short time period does not amount to coercion’ ” (People v Green, 140 AD3d 1660, 1661 [2016], lv denied 28 NY3d 930 [2016]). Third, “the court did not coerce defendant into pleading guilty merely by informing him of the range of sentences that he faced if he proceeded to trial and was convicted” (People v Pitcher, 126 AD3d 1471, 1472 [2015], lv denied 25 NY3d 1169 [2015]). Finally, we conclude that “there is no indication in the record that defendant’s ability to understand the plea proceeding was impaired based on his alleged failure to take required medication” (People v Jackson, 85 AD3d 1697, 1698 [2011], lv denied 17 NY3d 817 [2011]).

Present — Centra, J.P., Peradotto, Curran, Troutman and Scudder, JJ.