At page 1533 ing defendant upon his plea of guilty of the crime of strangulation in the second degree. Defendant pleaded guilty to strangulation in the second degree and… · 13 citing cases
- People v. Garcia, 2018 NY Slip Op 5634 (N.Y. App. Div. 2018).Under these circumstances, the combined oral and written waiver establish that defendant knowingly, intelligently and voluntarily waived her right to appeal ( see People v Lawrence , 155 AD3d 1259, 1259-1260 [2017]; People v McCall , 146 A…
- People v. Williams, 155 A.D.3d 1253 (N.Y. App. Div. 2017).Defendant’s contention that his plea was not knowing, intelligent and voluntary is unpreserved for our review, as the record does not reflect that he made an appropriate postallocution motion (see People v McRae, 150 AD3d 1328, 1329 [2017]…
- People v. Tulip, 150 A.D.3d 1564 (N.Y. App. Div. 2017). As defendant’s understanding of the waiver is established on the record, his sole contention on appeal, that the sentence is unduly harsh, is precluded (see People v Lopez, 6 NY3d at 255-256 ; People v Mann, 140 AD3d 1532, 1533 [2016]; cf.…
- People v. Howe, 150 A.D.3d 1321 (N.Y. App. Div. 2017).As we are persuaded that defendant understood and voluntarily agreed to waive his right to appeal, he forfeited any challenge to the severity of the sentence (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d at 255-256 ;…
- People v. Caldwell, 148 A.D.3d 1468 (N.Y. App. Div. 2017). Given the valid waiver of the right to appeal, defendant’s contention that his sentence is harsh and excessive is precluded (see People v Rhodes, 143 AD3d 1011, 1012 [2016]; People v Mann, 140 AD3d 1532, 1533 [2016]).
- People v. Bartlett, 148 A.D.3d 1471 (N.Y. App. Div. 2017). Defendant’s valid appeal waiver precludes his contention that his sentence is harsh and excessive (see People v Mann, 140 AD3d 1532, 1533 [2016]; People v Scott, 139 AD3d 1266, 1266 [2016], lv denied 27 NY3d 1155 [2016]).
- People v. Bonds, 148 A.D.3d 1304 (N.Y. App. Div. 2017). Defendant also challenges the voluntariness of his guilty plea and, while that issue survives his appeal waiver, the apparent lack of an appropriate postallocution motion leaves it unpreserved for our review (see People v Mann, 140 AD3d 15…
- B People v. Hankerson, No. 107159 (N.Y. App. Div. Feb. 9, 2017).Moreover, defendant did not make any statements during the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea so as to trigger the narrow exception to the preservation rule…
- People v. Hankerson, 147 A.D.3d 1153 (N.Y. App. Div. 2017).Moreover, defendant did not make any statements during the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea so as to trigger the narrow exception to the preservation rule…
- People v. McCall, 146 A.D.3d 1156 (N.Y. App. Div. 2017).Defendant’s valid appeal waiver precludes his claim that his sentence is harsh and excessive (see People v Woods, 141 AD3d 954, 955 [2016], lv denied 28 NY3d 1076 [2016]; People v Mann, 140 AD3d 1532, 1533 [2016]).
Show 3 more citing cases
- People v. Oddy, 144 A.D.3d 1322 (N.Y. App. Div. 2016).Similarly, defendant’s arguments on his direct appeal that the sentence was harsh and excessive and that he received ineffective assistance of counsel are precluded by the valid waiver of appeal in which he expressly waived his right to se…
- People v. Guzman-Moore, 144 A.D.3d 1267 (N.Y. App. Div. 2016).Such challenge is precluded by defendant’s unchallenged waiver of the right to appeal (see People v Mann, 140 AD3d 1532, 1533 [2016]; People v Perkins, 140 AD3d 1401, 1403 [2016]).
- People v. Lewis, 143 A.D.3d 1183 (N.Y. App. Div. 2016).As noted previously, County Court explained the nature of the appellate rights encompassed by the waiver and confirmed that defendant had read and understood the written waiver of appeal that he executed in open court (see People v Mann, 1…
v.
Sam Mann, Appellant
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered August 14, 2014, convict[*1533] ing defendant upon his plea of guilty of the crime of strangulation in the second degree.
Defendant pleaded guilty to strangulation in the second degree and waived his right to appeal. County Court sentenced defendant as a predicate felon, in accordance with the plea agreement, to a prison term of seven years followed by five years of postrelease supervision. Defendant appeals.
Initially, we are unpersuaded by defendant’s contention that the combined oral and written waiver of the right to appeal was not knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Belile, 137 AD3d 1460, 1461 [2016]). The record reflects that County Court explained, and defendant acknowledged that he understood, that the waiver of the right to appeal is separate and distinct from the rights automatically forfeited by the guilty plea. In addition, defendant confirmed that he had read, understood and signed the written waiver of appeal, which he had executed in open court. 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]).
Although defendant’s challenge to the voluntariness of his guilty plea survives the appeal waiver, it is unpreserved for our review as the record does not indicate that defendant made any postallocution motion to withdraw his guilty plea (see CPL 220.60 [3]; People v Buck, 136 AD3d 1117, 1118 [2016]; People v Blair, 136 AD3d 1105, 1106 [2016], lv denied 27 NY3d 1066 [May 10, 2016]). Furthermore, the narrow exception to the preservation rule is inapplicable as defendant made no statements during the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (see People v Sawyer, 135 AD3d 1164, 1165 [2016], lv denied 27 NY3d 1006 [2016]; People v Bethea, 133 AD3d at 1034).
Lahtinen, J.P., Garry, Clark and Mulvey, JJ., concur.Ordered that the judgment is affirmed.