People v. Turner, 126 A.D.3d 1228 (N.Y. App. Div. 2015). · Go Syfert
People v. Turner, 126 A.D.3d 1228 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Hernandez (nyappdiv, 2016-06-23)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
As to defendant’s claims that he was denied the effective assistance of counsel, they survive his appeal waiver to the extent that they implicate the voluntariness of his guilty plea (see People v Beverly, 137 AD3d 1421, 1422 [2016]; People v Brown, 128 AD3d 1273, 1273-1274 [2015]), but defendant did not preserve these claims for our review as there is no indication in the record that defendant made an appropriate postallocution motion (see People v Broomfield, 128 AD3d 1271 , 1271- *1523 1272 [2015], lv denied 26 NY3d 1086 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]; People v Guyett…
discussed Cited as authority (rule) People v. Cota
N.Y. App. Div. · 2016 · confidence medium
Furthermore, the record demonstrates that defendant executed a written appeal waiver in open court after reviewing it with defense counsel (see People v Tyler, 130 AD3d at 1384 ; People v Turner, 126 AD3d 1228, 1229 [2015]).
discussed Cited as authority (rule) People v. Cota
N.Y. App. Div. · 2016 · confidence medium
Furthermore, the record demonstrates that defendant executed a written appeal waiver in open court after reviewing it with defense counsel (see People v Tyler, 130 AD3d at 1384 ; People v Turner, 126 AD3d 1228, 1229 [2015]).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2015 · confidence medium
The valid appeal waiver precludes his claim that his sentence is harsh and excessive (see People v Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]), as well as his challenge to County Court’s denial of his application to redact certain information contained in the presentence investigation report (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Abdul, 112 AD3d 644 , 645 [2013], lv denied 22 NY3d 1136 [2014] ).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2015 · confidence medium
The valid appeal waiver precludes his claim that his sentence is harsh and excessive (see People v Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]), as well as his challenge to County Court’s denial of his application to redact certain information contained in the presentence investigation report (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Abdul, 112 AD3d 644 , 645 [2013], lv denied 22 NY3d 1136 [2014] ).
discussed Cited as authority (rule) People v. Rubio
N.Y. App. Div. · 2015 · confidence medium
Defendant also executed a written appeal waiver, which adequately described the scope of the appellate rights waived and which included defendant’s acknowledgment that he was knowingly, voluntarily and intelligently waiving those rights after having been given sufficient time to discuss the consequences of the waiver with counsel (see People v Tyler, 130 AD3d 1383, 1384 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]).
discussed Cited as authority (rule) People v. Tyler
N.Y. App. Div. · 2015 · confidence medium
In our view, the record amply demonstrates that defendant knowingly, voluntarily and intelligently waived the right to appeal his conviction and sentence (see People v Sanders, 25 NY3d 337, 340-341 [2015]; People v Bradshaw, 18 NY3d at 264 ; People v Turner, 126 AD3d 1228, 1229 [2015]; People v Sibounhome, 125 AD3d 1059, 1059 [2015]).
discussed Cited as authority (rule) People v. Tyler
N.Y. App. Div. · 2015 · confidence medium
In our view, the record amply demonstrates that defendant knowingly, voluntarily and intelligently waived the right to appeal his conviction and sentence (see People v Sanders, 25 NY3d 337, 340-341 [2015]; People v Bradshaw, 18 NY3d at 264 ; People v Turner, 126 AD3d 1228, 1229 [2015]; People v Sibounhome, 125 AD3d 1059, 1059 [2015]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2015 · confidence medium
Even if we were to construe some of counsel’s alleged deficiencies as impacting the voluntariness of defendant’s plea, his argument has not been preserved for our review given the absence of any indication in the record that defendant made an appropriate postallocution motion (see People v Turner, 126 AD3d 1228, 1229 [2015]; People v Cooper, 126 AD3d 1046, 1047 [2015]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2015 · confidence medium
Even if we were to construe some of counsel’s alleged deficiencies as impacting the voluntariness of defendant’s plea, his argument has not been preserved for our review given the absence of any indication in the record that defendant made an appropriate postallocution motion (see People v Turner, 126 AD3d 1228, 1229 [2015]; People v Cooper, 126 AD3d 1046, 1047 [2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Lashon Turner, Also Known as Shotgun, Also Known as Shock, Appellant
105323.
Appellate Division of the Supreme Court of the State of New York.
Mar 26, 2015.
126 A.D.3d 1228
Rose, Peters, McCarthy, Clark.
Cited by 10 opinions  |  Published
Rose, J.

Appeal from a judgment of the Supreme Court[*1229] (Breslin, J.), rendered August 8, 2012 in Albany County, convicting defendant upon his plea of the crime of attempted criminal possession of a controlled substance in the third degree.

Defendant was charged in a sealed indictment with one count each of attempted criminal possession of a controlled substance in the third degree and conspiracy in the second degree after allegedly acting in concert with numerous codefendants as part of a large-scale cocaine distribution network. During trial, he pleaded guilty to attempted criminal possession of a controlled substance in the third degree in full satisfaction of the charges against him, and waived his right to appeal. Supreme Court thereafter sentenced him, as a second felony offender, to 4V2 years in prison to be followed by three years of postrelease supervision. Defendant appeals.

We affirm. Initially, we reject defendant’s challenge to the validity of his waiver of the right to appeal. Supreme Court adequately explained the nature of the right and distinguished it from those rights that are automatically forfeited upon a plea of guilty. Moreover, defendant signed a written waiver in open court after conferring with counsel that further clarified the scope of the right, and the court confirmed that he understood the waiver. Under these circumstances, we conclude that defendant knowingly, intelligently and voluntarily waived his right to appeal his conviction and sentence, thereby precluding his challenge to the severity of his sentence (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Van Clief, 122 AD3d 1062, 1062-1063 [2014], lv denied 24 NY3d 1221 [2015]).

Turning to the remaining argument, defendant’s assertion that he received ineffective assistance of counsel impacts the voluntariness of his plea and, therefore, survives his waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]). Nevertheless, his assertion is unpreserved due to his failure to raise his challenge in the appropriate postallocution motion (see People v Guyette, 121 AD3d 1430, 1432 [2014]). In any event, defendant’s claim that counsel was ineffective for failing to object to the indictment as jurisdictionally defective must fail inasmuch as counsel had no duty to make a patently merit-less motion (see People v Caban, 5 NY3d 143, 152 [2005]; People v Nguyen, 90 AD3d 1330, 1332-1333 [2011], lv denied 18 NY3d 960 [2012]).

Peters, P.J., McCarthy and Clark, JJ., concur.

Ordered that the judgment is affirmed.