People v. White, 145 A.D.3d 1324 (N.Y. App. Div. 2016). · Go Syfert
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People v. White, 145 A.D.3d 1324 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Trent
N.Y. App. Div. · 2022 · confidence medium
Defendant next challenges the imposition of the enhanced sentence, but that challenge is solely based upon claims of ineffective assistance that do not in any way impact upon the voluntariness of his unchallenged plea and is therefore precluded by his valid appeal waiver ( see People v Golden , 171 AD3d 1357 , 1357-1358 [2019]; People v White , 145 AD3d 1324, 1325 [2016]).
discussed Cited as authority (rule) People v. Greene
N.Y. App. Div. · 2021 · confidence medium
Defendant's contention that he was deprived of the effective assistance of counsel at sentencing, which is premised upon counsel's failure to aggressively advocate for a more favorable sentence, does not impact the voluntariness of the plea and, therefore, is precluded by the unchallenged waiver of the right to appeal ( see People v Botts , 191 AD3d [*2]1044, 1045 [2021], lv denied 36 NY3d 1095 [2021]; People v White , 145 AD3d 1324, 1325 [2016]).
discussed Cited as authority (rule) People v. Stebbins
N.Y. App. Div. · 2019 · confidence medium
Given that defendant's ineffective assistance of counsel claim relates to the agreed-upon sentence and does not implicate the voluntariness of his plea, the claim is precluded by the valid waiver of appeal ( see People v Bouck , 153 AD3d 1522, 1523-1524 [2017], lv denied 30 NY3d 1017 [2017]; People v White , 145 AD3d 1324, 1325 [2016]; People v Daniels , 16 AD3d 780, 780-781 [2005]; People v Howard , 1 AD3d 718 , 719 [2003]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2017 · confidence medium
County Court explained that the right to appeal was distinct from the trial-related rights forfeited by the guilty plea, and the record further reflects that defendant, after discussion with defense counsel, executed a written appeal waiver in open court and acknowledged that he understood it (see People v Baxter, 154 AD3d 1010, 1011 [2017]; People v Hess, 150 AD3d 1560 , 1560 [2017]; People v Pixley, 150 AD3d 1555, 1556-1557 [2017], lv denied 30 NY3d 952 [2017]; People v White, 145 AD3d 1324, 1324-1325 [2016]).
discussed Cited as authority (rule) People v. Brown (2×)
N.Y. App. Div. · 2017 · confidence medium
County Court explained that the right to appeal was distinct from the trial-related rights forfeited by the guilty plea, and the record further reflects that defendant, after discussion with defense counsel, executed a written appeal waiver in open court and acknowledged that he understood it ( see People v Baxter , 154 AD3d 1010, 1011 [2017]; People v Hess , 150 AD3d 1560 , 1560 [2017]; People v Pixley , 150 AD3d 1555, 1556-1557 [2017], lv denied 30 NY3d 952 [2017]; People v White , 145 AD3d 1324, 1324-1325 [2016]).
discussed Cited as authority (rule) People v. Bouck
N.Y. App. Div. · 2017 · confidence medium
To the extent that defendant contends that he did not receive the effective assistance of counsel, the alleged deficiencies on *1524 the part of defense counsel do not implicate the voluntariness of the plea and, therefore, are precluded by the unchallenged waiver of the right to appeal (see People v Mahon, 148 AD3d 1303, 1303 [2017]; People v White, 145 AD3d 1324, 1325 [2016]).
cited Cited as authority (rule) People v. Hess
N.Y. App. Div. · 2017 · confidence medium
As such, the valid appeal waiver precludes defendant's challenge to the severity of the sentence ( see People v White , 145 AD3d 1324, 1325 [2016]).
cited Cited as authority (rule) People v. Tulip
N.Y. App. Div. · 2017 · confidence medium
As such, the valid appeal waiver precludes defendant’s challenge to the severity of the sentence (see People v White, 145 AD3d 1324, 1325 [2016]).
discussed Cited as authority (rule) People v. Cooks
N.Y. App. Div. · 2017 · confidence medium
Defendant’s other pro se assertions regarding counsel’s alleged deficiencies are precluded by his valid appeal waiver (see People v White, 145 AD3d 1324, 1325 [2016]), as is his challenge to the severity of the sentence (see People v McCall, 146 AD3d 1156, 1157 [2017]; People v Taylor, 144 AD3d 1317 , 1318 [2016], Iv denied 28 NY3d 1151 [2017]). *1325 Peters, P.J., Egan Jr., Mulvey and Aarons, JJ., concur.
discussed Cited as authority (rule) People v. Caggiano
N.Y. App. Div. · 2017 · confidence medium
Defendant does not challenge the validity of his appeal waiver, and the plea colloquy and the written waiver demonstrate that defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and-sentence (see *1336 People v White, 145 AD3d 1324, 1324-1325 [2016]; People v Taylor, 144 AD3d 1317 , 1318 [2016], lv denied 28 NY3d 1151 [2017]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Shannon White, Appellant
107362.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2016.
145 A.D.3d 1324
Devine, Peters, McCarthy, Egan, Lynch.
Cited by 10 opinions  |  Published
Devine, J.

Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered January 26, 2015, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant pleaded guilty to criminal sale of a controlled substance in the third degree in full satisfaction of an eight-count indictment with the understanding that he would be sentenced to a prison term of between 8 and 10 years, and the plea agreement included a waiver of the right to appeal. County Court thereafter sentenced defendant, as a second felony offender, to nine years in prison, to be followed by two years of postrelease supervision. Defendant now appeals.

We affirm. Contrary to defendant’s contention, his waiver of the right to appeal was valid. Both County Court and the detailed written waiver executed by defendant in open court[*1325] informed him that the right to appeal is separate and distinct from the rights forfeited by a guilty plea, and the court confirmed that he had discussed the waiver with counsel and understood its ramifications. Accordingly, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v Pandori, 133 AD3d 1044, 1045 [2015]; People v Mayo, 130 AD3d 1099, 1099-1100 [2015]). Defendant’s valid appeal waiver precludes him from challenging his sentence as harsh and excessive (see People v Smith, 137 AD3d 1425, 1426 [2016], lv denied 27 NY3d 1075 [2016]; People v Forget, 136 AD3d 1115, 1116 [2016], lv denied 28 NY3d 929 [2016]).

As to defendant’s remaining claim of ineffective assistance of counsel, inasmuch as the claim relates to sentencing and not the voluntariness of his plea, this claim is also precluded by his appeal waiver (see People v White, 47 AD3d 1062, 1063 [2008], lv denied 10 NY3d 818 [2008]; People v Howard, 1 AD3d 718, 719 [2003]). In any event, we find the claim to be unpersuasive. Defendant contends that he was denied the effective assistance of counsel due to counsel submitting a lengthy presentence memorandum too close to the sentencing date to allow County Court to properly evaluate it when determining his sentence. County Court stated that it had reviewed the memorandum prior to sentencing, however, and defense counsel orally made the case for a more lenient sentence based upon defendant’s medical records before County Court imposed sentence. Accordingly, if this issue were properly before us, we would find that it was without merit (see People v Johnson, 267 AD2d 609, 610 [1999]).

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

Ordered that the judgment is affirmed.