People v. Bethea, 133 A.D.3d 1033 (N.Y. App. Div. 2015). · Go Syfert
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People v. Bethea, 133 A.D.3d 1033 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Townson (nyappdiv, 2025-02-06)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Townson
N.Y. App. Div. · 2025 · confidence medium
As to defendant's related ineffective assistance of counsel claim, insofar as it impacts the voluntariness of [*2]his plea, this claim survives his unchallenged appeal waiver but is similarly unpreserved for our review ( see People v Nolan , 224 AD3d 996 , 997 [3d Dept 2024], lv denied 42 NY3d 929 [2024]; People v Bethea , 133 AD3d 1033, 1034 [3d Dept 2015], lv denied 27 NY3d 992 [2016]).
discussed Cited as authority (rule) People v. West
N.Y. App. Div. · 2020 · confidence medium
Although this argument implicates the voluntariness of defendant's plea and thus survives his unchallenged waiver of the right to appeal, it is unpreserved for our review absent evidence of an appropriate postallocution motion ( see People v Lamotte , 184 AD3d 907, 907 [2020]; People v Bethea , 133 AD3d 1033, 1034 [2015], lv denied 27 NY3d 992 [2016]; People v Benson , 100 AD3d 1108, 1108-1109 [2012]; People v Vanguilder , 32 AD3d 1110, 1110 [2006], lv denied 7 NY3d 904 [2006]), and the narrow exception to the preservation requirement was not triggered here ( see People v Bethea , 133 AD3d at …
discussed Cited as authority (rule) People v. Tchiyuka
N.Y. App. Div. · 2019 · confidence medium
Preliminarily, we note that defendant's contention survives his waiver of the right to appeal ( see People v Bethea , 133 AD3d 1033, 1034 [3d Dept 2015], lv denied 27 NY3d 992 [2016]; People v Williams , 84 AD3d 1417, 1418 [2d Dept 2011], lv denied 17 NY3d 863 [2011]; see generally People v Copes , 145 AD3d 1639 , 1639 [4th Dept 2016], lv denied 28 NY3d 1182 [2017]).
discussed Cited as authority (rule) People v. Tucker (2×)
N.Y. App. Div. · 2018 · confidence medium
Although this claim survives defendant's appeal waiver, it has not been preserved for our review due to defendant's conceded failure to make an appropriate postallocution motion ( see People v Evans , 156 AD3d 1246, 1247 [2017]; People v Bethea , 133 AD3d 1033, 1034 [2015], lv denied 27 NY3d 992 [2016]).
discussed Cited as authority (rule) People v. McRae
N.Y. App. Div. · 2017 · confidence medium
Defendant’s claim that the sentence was harsh and excessive is foreclosed by the valid appeal waiver (see People v Macon, 142 AD3d 739, 739 [2016], lv denied 28 NY3d 1073 [2016]; People v Rushlow, 137 AD3d 1482, 1483 [2016]), which includes his “right to invoke [this Court’s] interest-of-justice jurisdiction to reduce the sentence” (People v Bethea, 133 AD3d 1033, 1033 [2015] [internal quotation marks and citations omitted], lv denied 27 NY3d 992 [2016]).
discussed Cited as authority (rule) People v. Jakob
N.Y. App. Div. · 2017 · confidence medium
As such, defendant’s valid appeal waiver forecloses his challenge that the sentence was excessive (see People v Macon, 142 AD3d 739, 739 [2016], lv denied 28 NY3d 1073 [2016]; People v Rushlow, 137 AD3d 1482, 1483 [2016]) and includes his “right to invoke [this Court’s] interest-of-justice jurisdiction to reduce the sentence” (People v Bethea, 133 AD3d 1033, 1033 [2015] [internal quotation marks and citations omitted], lv denied 27 NY3d 992 [2016]).
discussed Cited as authority (rule) People v. Renert
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s contention, a review of the plea colloquy demonstrates that he validly waived his right to appeal (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]; People v Bethea, 133 AD3d 1033, 1033 [2015], lv denied 27 NY3d 992 [2016]).
discussed Cited as authority (rule) People v. Macon
N.Y. App. Div. · 2016 · confidence medium
Further, defendant’s claim of ineffective assistance of counsel implicates the voluntariness of his guilty plea and, although it also survives his appeal waiver, likewise has not been preserved for our review, for the reason noted above (see People v Hughes, 134 AD3d 1301, 1302 [2015], lv denied 27 NY3d 966 [2016]; People v Bethea, 133 AD3d 1033, 1034 [2015], lv denied 27 NY3d 992 [2016]).
cited Cited as authority (rule) People v. Mann
N.Y. App. Div. · 2016 · confidence medium
Given defendant’s valid waiver of the right to appeal, his challenge to the agreed-upon sentence as harsh and excessive is precluded (see People v Bethea, 133 AD3d 1033, 1033 [2015]).
discussed Cited as authority (rule) People v. Lobaton
N.Y. App. Div. · 2016 · confidence medium
To the extent that his ineffective assistance of counsel claim impacts the voluntariness of his plea, thereby surviving his appeal waiver, such claim is unpreserved in the absence of an appropriate postallocution motion (see People v Bethea, 133 AD3d 1033, 1034 [2015], lv denied 27 NY3d 992 [2016]; People v Guyette, 121 AD3d 1430 , 1431-1432 [2014], lv denied 27 NY3d 998 [2016]).
discussed Cited as authority (rule) People v. Gasparro
N.Y. App. Div. · 2016 · confidence medium
Defendant’s valid waiver of the right to appeal precludes us from reviewing his contention that his sentence is harsh and excessive (see People v Butler, 134 AD3d 1349 , 1350 [2015], lv denied 27 NY3d 963 [2016]; People v Bethea, 133 AD3d 1033, 1033-1034 [2015]).
discussed Cited as authority (rule) People v. Goldman
N.Y. App. Div. · 2016 · confidence medium
Although defendant’s assertion that he was denied the effective assistance of counsel survives his appeal waiver to the extent that it implicates the voluntariness of his plea (see People v Toback, 125 AD3d at 1061 ), it is also not preserved for our review given the absence of a postallocution motion (see People v Bethea, 133 AD3d 1033, 1034 [2015]; People v Jimenez, 96 AD3d 1109, 1110 [2012]).
discussed Cited as authority (rule) People v. Melendez
N.Y. App. Div. · 2016 · confidence medium
Finally, defendant’s challenge to the $450 restitution awarded by County Court is not preserved for review since he failed to request a hearing and did not otherwise object to such amount at sentencing (see People v Bethea, 133 AD3d 1033, 1034 [2015]; People v Bressard, 112 AD3d 988 , 989 [2013], lv denied 22 NY3d 1137 [2014]). *1162 Garry, Rose and Devine, JJ., concur.
discussed Cited as authority (rule) People v. Love
N.Y. App. Div. · 2016 · confidence medium
As such, defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v Bethea, 133 AD3d 1033, 1033 [2015]; People v Beblowski, 131 AD3d 1303, 1304 [2015], lv denied 26 NY3d 1085 [2015]).
discussed Cited as authority (rule) People v. Miller
N.Y. App. Div. · 2016 · confidence medium
Defendant’s claim that the sentence is harsh and excessive is thus precluded by the valid waiver of the right to appeal (see People v Bethea, 133 AD3d 1033, 1033 [2015]; People v Beblowski, 131 AD3d 1303, 1304 [2015], lv denied 26 NY3d 1085 [2015]). *1486 Defendant further argues that his plea was based upon an understanding that he would serve a shorter prison term due to his anticipated participation in the shock incarceration program.
discussed Cited "see, e.g." People v. Briggs
N.Y. App. Div. · 2016 · signal: compare · confidence medium
To the extent that defendant’s ineffective assistance claims impact the voluntariness of his guilty plea, they were properly preserved by his motion to withdraw the plea (see People v Moore, 97 AD3d 850, 851 [2012]; compare People v Bethea, 133 AD3d 1033, 1034 [2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Terell Bethea, Appellant
106093.
Appellate Division of the Supreme Court of the State of New York.
Nov 19, 2015.
133 A.D.3d 1033
McCarthy.
Cited by 19 opinions  |  Published
McCarthy, J.P.

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered June 5, 2013, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

In full satisfaction of a six-count indictment, defendant pleaded guilty to murder in the second degree and waived his right to appeal. In accordance with the plea agreement, County Court sentenced defendant to a prison term of 17 years to life and he was ordered to pay restitution. Defendant now appeals.

We affirm. County Court distinguished the right to appeal from the rights automatically forfeited by a guilty plea and defendant executed a counseled written waiver in open court. Accordingly, defendant validly waived the right to appeal his conviction and sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Burritt, 127 AD3d 1433, 1434 [2015]). Therefore, his claim that his sentence is harsh and excessive is precluded as his “valid waiver of the right to appeal includes waiver of the right to invoke [this Court’s] interest-of-justice jurisdiction to reduce the sentence” (People v Lopez, 6 NY3d at[*1034] 255; accord People v Morrison, 106 AD3d 1201, 1202 [2013], lv denied 23 NY3d 1065 [2014]). To the extent that defendant’s claims challenging the integrity of the grand jury proceedings survive his guilty plea, such claims are not reviewable inasmuch as the minutes of the proceedings were not included in the record (see People v Barill, 120 AD3d 951, 952 [2014], lv denied 24 NY3d 1042 [2014]; see generally People v Hawkins, 113 AD3d 1123, 1125 [2014], lv denied 22 NY3d 1156 [2014]).

Although defendant’s claim that his plea was induced by an unfulfilled promise implicates the voluntariness of his plea and survives his appeal waiver, it is unpreserved for our review as there is no indication in the record that he made an appropriate postallocution motion (see People v Benson, 100 AD3d 1108, 1108-1109 [2012]; People v Hall, 89 AD3d 1323, 1323 [2011]), and he did not make any statements during the plea allocution that triggered the narrow exception to the preservation rule (see People v Merrill, 123 AD3d 1339, 1340 [2014], lv denied 26 NY3d 970 [2015]; People v Benson, 100 AD3d at 1109). Similarly, defendant’s claim of ineffective assistance of counsel — to the extent that it impacts upon the voluntariness of his plea — is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Smith, 119 AD3d 1088, 1089 [2014], lv denied 24 NY3d 1089 [2014]; People v Watson, 110 AD3d 1110, 1111 [2013], lv denied 22 NY3d 1160 [2014]). Finally, defendant’s challenge to the amount of restitution awarded is also unpreserved for our review as he did not request a hearing or otherwise challenge the amount at sentencing (see People v Miller, 126 AD3d 1233, 1234 [2015], lv denied 25 NY3d 1168 [2015]; People v Bressard, 112 AD3d 988, 989 [2013], lv denied 22 NY3d 1137 [2014]).

Egan Jr., Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.