People v. Ocasio-Rosario, 120 A.D.3d 1463 (N.Y. App. Div. 2014). · Go Syfert
People v. Ocasio-Rosario, 120 A.D.3d 1463 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Howard (nyappdiv, 2021-01-14)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Howard
N.Y. App. Div. · 2021 · confidence medium
Accordingly, in the circumstances presented, we decline to take corrective action in the interest of justice ( see People v Edwards , 181 AD3d at 1056-1057 ; People v Ocasio-Rosario , 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015], 26 NY3d 1148 [2016]; compare People v Demkovich , 168 AD3d at 1221-1222).
discussed Cited as authority (rule) People v. Glover
N.Y. App. Div. · 2019 · confidence medium
People v Long , 165 AD3d at 1323; People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Kormos , 126 AD3d 1039, 1040 [2015]; People v Ocasio-Rosario , 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015], 26 NY3d 1148 [2016]; People v Brabham , 112 AD3d 1066, 1067 [2013]; People v Gathers , 106 AD3d 1333, 1334 [2013], lv denied 21 NY3d 1073 [2013]).
discussed Cited as authority (rule) People v. Glover
N.Y. App. Div. · 2019 · confidence medium
People v Simon , 166 AD3d at 1077; People v Schmitz , 159 AD3d 1222 , 1223 [2018]; People v Cotto , 156 AD3d at 1063-1064; People v Aubain , 152 AD3d at 870 ; People v Lowe , 133 AD3d at 1100-1101 ; People v Klinge r, 129 AD3d at 1117 ; People v Vences , 125 AD3d 1050 , 1051 n [2015]; People v Dalton , 69 AD3d 1235, 1236 [2010]; compare People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Ocasio-Rosario , 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015], 26 NY3d 1148 [2016]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2017 · confidence medium
Having failed to make an appropriate postallocution motion to withdraw his guilty plea, defendant deprived County Court of the opportunity to address any claimed deficiency and take any needed corrective action, and did not preserve the issue for this Court’s review (see CPL 220.60 [3]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015], 26 NY3d 1148 [2016]).
examined Cited as authority (rule) People v. Mones (4×) also: Cited "see, e.g."
N.Y. App. Div. · 2015 · confidence medium
Absent any indication that defense counsel rendered ineffective assistance or otherwise failed to discuss the nature of the trial rights that defendant was expected to forfeit, we have no difficulty discerning from this record that “defendant consulted with his attorney about the constitutional consequences of a guilty plea” and knowingly accepted those consequences (People v Tyrell, 22 NY3d at 365 ; see People v Harris, 61 NY2d at 19-20 ; People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]; compare People v Klinger, 129 AD3d at 1117 ).
discussed Cited "see, e.g." People v. Demkovich
N.Y. App. Div. · 2019 · signal: compare · confidence medium
Further, the court failed to obtain any assurance that defendant had discussed with counsel the trial-related rights that are automatically forfeited by pleading guilty or the constitutional implications of a guilty plea ( see People v Herbert , 147 AD3d at 1210 ; People v Lowe , 133 AD3d at 1101 ; compare People v Ocasio-Rosario , 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015], 26 NY3d 1148 [2016]).
discussed Cited "see, e.g." People v. Klinger
N.Y. App. Div. · 2015 · signal: compare · confidence medium
County Court made no effort to explain the rights that defendant was giving up by pleading guilty, making nothing more than a passing reference to them when asking if defendant had “any questions.” County Court further failed to establish that “defendant consulted with his attorney about the constitutional consequences of a guilty plea,” instead making a vague inquiry into whether defendant had spoken to defense counsel regarding “the plea bargain” and “the case” (People v Tyrell, 22 NY3d at 365 ; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]).
discussed Cited "see, e.g." People v. Klinger
N.Y. App. Div. · 2015 · signal: compare · confidence medium
County Court made no effort to explain the rights that defendant was giving up by pleading guilty, making nothing more than a passing reference to them when asking if defendant had “any questions.” County Court further failed to establish that “defendant consulted with his attorney about the constitutional consequences of a guilty plea,” instead making a vague inquiry into whether defendant had spoken to defense counsel regarding “the plea bargain” and “the case” (People v Tyrell, 22 NY3d at 365 ; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]).
discussed Cited "see, e.g." People v. Vences
N.Y. App. Div. · 2015 · signal: compare · confidence medium
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 …
discussed Cited "see, e.g." People v. Vences
N.Y. App. Div. · 2015 · signal: compare · confidence medium
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 …
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Alan Ocasio-Rosario, Appellant
105475.
Appellate Division of the Supreme Court of the State of New York.
Sep 11, 2014.
120 A.D.3d 1463
Clark, McCarthy, Garry, Egan, Lynch.
Cited by 12 opinions  |  Published
Clark, J.

Appeal from a judgment of the Supreme Court (Breslin, J.), rendered August 3, 2012 in Ulster County, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.

In satisfaction of a four-count indictment and pursuant to a negotiated plea agreement, defendant pleaded guilty to criminal contempt in the first degree and waived his right to appeal. Defendant admitted that on or about January 10, 2011, he violated an order of protection of which he had actual knowledge, and did so with the intent to harass, annoy, threaten or alarm the person for whose protection the order had been issued, namely, his child’s mother, by attempting to shove her. He was sentenced, as agreed, to a prison term of IV2 to 3 years as an admitted second felony offender and now appeals.

[*1464] Defendant contends that his guilty plea was not knowing, voluntary and intelligent. However, courts are not required to recite any particular litany of rights or otherwise engage in a formalistic approach to guilty pleas (see People v Harris, 61 NY2d 9, 16 [1983]; People v Nixon, 21 NY2d 338, 355 [1967], cert denied 393 US 1067 [1969]), and a plea will not be invalidated on appeal where it can be established that the defendant “consulted with his [or her] attorney about the constitutional consequences of a guilty plea” (People v Tyrell, 22 NY3d 359, 365 [2013]; see North Carolina v Alford, 400 US 25, 29 n 3 [1970]; People v Harris, 61 NY2d at 16). Here, in a detailed series of questions, Supreme Court clearly advised defendant of the various rights he was forfeiting in entering a plea, but only referenced defendant’s right to a trial without specifying his right to a jury trial. When questioned in open court during the course of the allocution, however, defendant stated that his attorney had “explained everything” to him. Thus, the record before us establishes that defendant knowingly, intelligently and voluntarily waived his rights when entering his guilty plea (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see also Boykin v Alabama, 395 US 238, 242 [1969]; People v Harris, 61 NY2d at 17). The issue now raised was not preserved by a motion to withdraw the plea (see CPL 220.60 [3]; 470.05 [2]), which deprived “the trial court [of] the opportunity to address the perceived error and to take corrective measures, if needed” (People v Lopez, 71 NY2d 662, 665-666 [1988]), and we discern no reason to take corrective action in the interest of justice (see CPL 470.15 [3] [c]; [6] [a]; People v Tyrell, 22 NY3d at 365). Accordingly, we affirm.

McCarthy, J.P, Garry, Egan Jr. and Lynch, JJ., concur.

Ordered that the judgment is affirmed.