People v. Slamp, 145 A.D.3d 1320 (N.Y. App. Div. 2016). · Go Syfert
People v. Slamp, 145 A.D.3d 1320 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Bushey
N.Y. App. Div. · 2020 · confidence medium
Moreover, defendant waived any challenge to the enhanced sentence in exchange for the promise that it would satisfy the charges related to the jail misconduct ( see People v Derrig , 175 AD3d 1675 , 1675-1676 [2019], lv denied 34 NY3d 1127 [2020]; People v Slamp , 145 AD3d 1320, 1321 [2016]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2018 · confidence medium
Under these circumstances, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice ( see People v Slamp , 145 AD3d 1320, 1321 [2016]).
discussed Cited as authority (rule) People v. Adams
N.Y. App. Div. · 2017 · confidence medium
County Court advised defendant at the time of his plea of the consequences of being arrested prior to sentencing, and defendant waived a hearing and any other challenge to the enhancement of his sentence in exchange for the enhanced sentence imposed (see People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Lord, 128 AD3d 1277, 1278-1279 [2015]).
discussed Cited as authority (rule) People v. Georges
N.Y. App. Div. · 2017 · confidence medium
In view of defendant’s multiple prior drug-related convictions, we discern no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Lloyd, 142 AD3d at 1251).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Benjamin A. Slamp, Appellant
106469.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2016.
145 A.D.3d 1320
Mulvey, Peters, Garry, Devine, Aarons.
Cited by 7 opinions  |  Published
Mulvey, J.

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered August 13, 2013, convict[*1321] ing defendant upon his plea of guilty of the crimes of unlawful manufacture of methamphetamine in the third degree and criminal sale of a controlled substance in the fifth degree.

Defendant pleaded guilty to unlawful manufacture of methamphetamine in the third degree and criminal sale of a controlled substance in the fifth degree in full satisfaction of a six-count indictment, and his plea included the waiver of the right to appeal. Pursuant to the plea agreement, defendant was to be sentenced to an aggregate prison term of four years, to be followed by two years of postrelease supervision. Sentencing was adjourned and defendant was released to get his affairs in order, with the requirement that he was to report to jail one week later. Defendant failed to report to jail and a warrant was issued for his arrest. Defendant was subsequently arrested on a new charge of criminal contempt in the second degree. Defendant thereafter agreed to be sentenced to an aggregate prison term of five years, with two years of postrelease supervision, on his plea of guilty to unlawful manufacture of methamphetamine in the third degree and criminal sale of a controlled substance in the fifth degree, with the understanding that the enhanced sentence would satisfy the criminal contempt charge, as well as any other pending charges. The agreement also included a waiver of the right to appeal. County Court imposed the agreed-upon sentence and defendant appeals.

We affirm. Initially, we agree with defendant that his waiver of the right to appeal was invalid, inasmuch as the record does not demonstrate that defendant understood that the appeal waiver was separate and distinct from the rights automatically forfeited by a guilty plea (see People v Bradshaw, 18 NY3d 257, 263-264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]). Although defendant’s sole remaining claim—that his sentence was harsh and excessive—is properly before us, we find it unpersuasive. Defendant was advised at the time that he entered his plea of the consequences of being arrested while on release, and he waived any challenges regarding the enhanced sentence in exchange for the promise that his plea would satisfy both the new charge and any pending charges (see People v Outley, 80 NY2d 702, 713 [1993]; People v Lord, 128 AD3d 1277, 1278-1279 [2015]). In light of the foregoing, as well as defendant’s extensive criminal history, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence (see People v Kerwin, 117 AD3d 1097, 1098 [2014]; People v Williams, 101 AD3d 1174, 1174-1175 [2012]).

Peters, P.J., Garry, Devine and Aarons, JJ., concur.

Ordered that the judgment is affirmed.