People v. Fisher, 121 A.D.3d 1013 (N.Y. App. Div. 2014). · Go Syfert
People v. Fisher, 121 A.D.3d 1013 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Spann (nyappdiv, 2025-04-16) · Strongest negative: People v. Johnson (nyappdiv, 2024-03-12)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "but see" People v. Johnson
N.Y. App. Div. · 2024 · signal: but see · confidence high
We decline to follow the Fourth Department's decision in People v Benjamin , in which the Court held that the "defendant's challenge to the constitutionality of Penal Law § 265.03 in light of [ Bruen ] is not barred by the waiver inasmuch as that challenge relates to 'a right of constitutional dimension going to "the very heart of the process"'" ( 216 AD3d 1457 [4th Dept 2023], quoting People v Lopez , 6 NY3d 248, 255 [2006]; but see People v Fisher , 121 AD3d 1013 [2d Dept 2014], lv denied 24 NY3d 1119 [2015]).
discussed Cited as authority (rule) People v. Spann
N.Y. App. Div. · 2025 · confidence medium
The defendant's valid waiver of his right to appeal also precludes appellate review of his contentions that his conviction pursuant to Penal Law § 265.03(3) is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1) ( see People v White , 234 AD3d 884; People v Johnson , 225 AD3d 453, 453-455; People v Fisher , 121 AD3d 1013, 1013) and that the sentence imposed was excessive ( see People v Lopez , 6 NY3d at 255; People v Lawrence , 184 AD3d 587, 587).
discussed Cited as authority (rule) People v. Perez
N.Y. Sup. Ct., Westchester Cty. · 2023 · confidence medium
To the extent the defendant has raised claims before this Court that are arguably distinct from those previously addressed on appeal, the doctrine of collateral estoppel does not apply (see, People v. Fisher, 121 AD3d 1013, 1014 [2d Dept. 2014].
discussed Cited as authority (rule) People v. Palladino
N.Y. App. Div. · 2016 · confidence medium
The defendant’s nonjurisdictional challenges to the indictment and the plea proceeding were forfeited by his plea of guilty and are precluded from our review by his valid appeal waiver (see People v Taylor, 65 NY2d 1 , 5 [1985]; People v Fisher, 121 AD3d 1013, 1013 [2014]; People v Skya, 43 AD3d 1190, 1190 [2007]).
cited Cited "see" Zapata v. Yelich
E.D.N.Y · 2024 · signal: see · confidence high
See People v. Fisher, 121 A.D.3d 1013, 1014 , 995 N.Y.S.2d 168, 169 (N.Y.
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Arthur Fisher, Appellant
2012-08165.
Appellate Division of the Supreme Court of the State of New York.
Oct 22, 2014.
121 A.D.3d 1013
Rivera, Hall, Austin, Roman.
Cited by 253 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered January 18, 2012, convicting him of criminal possession of a weapon in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty to criminal possession of a weapon in the first degree and waived his right to appeal the conviction and sentence. On appeal, the defendant does not challenge the voluntariness of the plea or the appeal waiver. However, the defendant challenges the constitutionality of Penal Law § 265.04 (2) on Second Amendment (US Const 2d Amend) grounds and contends that his conviction violates the ex post facto clause of the federal constitution (US Const, art I, § 10 [1]). These contentions are barred by the defendant’s appeal waiver (see People v Keebler, 15 AD3d 724, 727 [2005]). Similarly, the defendant’s nonjurisdictional challenge to the accusatory instrument was forfeited by his guilty plea and barred by his appeal waiver (see People v Skya, 43 AD3d 1190 [2007]).

[*1014] The defendant’s ineffective assistance of counsel claims are also precluded, except to the extent that the alleged ineffective assistance may have affected the voluntariness of his plea (see People v Montalvo, 105 AD3d 774, 775 [2013]; People v Ramos, 77 AD3d 773, 774 [2010]). Insofar as the defendant contends that his counsel’s conduct affected the voluntariness of the plea, the contention is based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v Wornell, 112 AD3d 656 [2013]; People v Folger, 110 AD3d 736 [2013]; People v Rohlehr, 87 AD3d 603, 604 [2011]). The appropriate vehicle to allege ineffective assistance of counsel based on matter dehors the record is pursuant to CPL 440.10 (see People v Folger, 110 AD3d at 736; People v Rohlehr, 87 AD3d at 604).

The defendant’s remaining contentions are without merit.

Rivera, J.P, Hall, Austin and Roman, JJ., concur.