People v. Bond, 146 A.D.3d 1155 (N.Y. App. Div. 3d Dep't 2017). · Go Syfert
People v. Bond, 146 A.D.3d 1155 (N.Y. App. Div. 3d Dep't 2017). Cases Citing This Book View Copy Cite
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At page 1156 Voluntariness of guilty plea surviving appeal waiver14 citing cases“In any event, we decline to take corrective action in the interest of justice inasmuch as the record confirms that County Court adequately advised defendant of the constitutional rights he was forfeiting by pleading guilty.”the opinion's own words at *1156 · 13 listed here
  • People v. Nolan, 224 A.D.3d 996 (N.Y. App. Div. 3d Dep't 2024).published
    Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 A…
  • People v. Lamondie, 220 A.D.3d 991 (N.Y. App. Div. 3d Dep't 2023).published
    Defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d D…
  • People v. Oliver, 185 A.D.3d 1099 (N.Y. App. Div. 3d Dep't 2020).published 2 cites
    Preliminarily, we note that defendant's challenge to the voluntariness of the plea is not precluded by his appeal waiver ( see People v Almonte , 179 AD3d 1222 , 1224 [2020], lv denied 35 NY3d 940 [2020]; People v Bond , 146 AD3d 1155, 115…
  • People v. Gumbs, 178 A.D.3d 1237 (N.Y. App. Div. 3d Dep't 2020).published
    Defendant's challenge to the voluntariness of his guilty plea survives his appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [2016], lv denied 28 NY3d…
  • People v. Almonte, 179 A.D.3d 1222 (N.Y. App. Div. 3d Dep't 2020).published
    Defendant's contention that his plea was not knowing, intelligent and voluntary survives his appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [2016],…
  • People v. Glover, 2019 NY Slip Op 5587 (N.Y. App. Div. 3d Dep't 2019).published
    People v Long , 165 AD3d at 1323; People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Kormos , 126 AD3d 1039, 1040 [2015]; People v Ocasio-Rosario , 120 AD3d 1463, 1464 [2014], lvs denied 25 NY3d 1168 [2015]…
  • People v. Stebbins, 171 A.D.3d 1395 (N.Y. App. Div. 3d Dep't 2019).published
    Defendant's contention that his plea was not knowing, intelligent and voluntary survives his appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [2016],…
  • People v. Vasquez, 2019 NY Slip Op 164 (N.Y. App. Div. 3d Dep't 2019).published
    Defendant's contention that her plea was not knowing, intelligent and voluntary inasmuch as County Court failed to advise her that she would be giving up her constitutional privilege against self-incrimination by pleading guilty survives h…
  • People v. Haenelt, 2018 NY Slip Op 3879 (N.Y. App. Div. 3d Dep't 2018).published
    This contention is not preserved for our review, inasmuch as the record does not reflect that he made an appropriate postallocution motion ( see People v Conceicao , 26 NY3d 375, 382 [2015]; People v Evans , 156 AD3d 1246, 1246-1247 [2017]…
  • People v. Duvall, 2018 NY Slip Op 197 (N.Y. App. Div. 3d Dep't 2018).published
    While defendant's challenge to the voluntariness of her plea survives the unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [2016], lv den…
Show 3 more citing cases
  • People v. Aubain, 152 A.D.3d 868 (N.Y. App. Div. 3d Dep't 2017).published
    Although this contention is unpreserved for our review, inasmuch as he failed to make an appropriate postallocution motion (see People v Conceicao, 26 NY3d 375, 382 [2015]; People v Bond, 146 AD3d 1155, 1156 [2017]), we find that the error…
  • People v. Glover, 2019 NY Slip Op 325 (N.Y. App. Div. 3d Dep't 2019).published
    People v Simon , 166 AD3d at 1077; People v Schmitz , 159 AD3d 1222 , 1223 [2018]; People v Cotto , 156 AD3d at 1063-1064; People v Aubain , 152 AD3d at 870 ; People v Lowe , 133 AD3d at 1100-1101 ; People v Klinge r, 129 AD3d at 1117 ; Pe…
  • People v. Holmes, 2018 NY Slip Op 4039 (N.Y. App. Div. 3d Dep't 2018).published
    With no affirmative showing on the record that defendant understood and voluntarily waived his constitutional rights when he entered his guilty plea, the plea was invalid and must be vacated ( see People v Cotto , 156 AD3d at 1064 ; People…
Other citing cases3 with no pin cite or quoted language on record
The People of the State of New York, Respondent,
v.
Kenneth Bond, Appellant
107099.
Appellate Division of the Supreme Court of the State of New York.
Jan 19, 2017.
Published opinion
146 A.D.3d 1155
Rose, Peters, Garry, Devine, Mulvey.
Cited by 19 opinions  |  Published
Rose, J.

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered August 7, 2014, convicting defendant upon his plea of guilty of the crime of robbery in the third degree.

Pursuant to a negotiated plea agreement, defendant waived indictment and pleaded guilty to robbery in the third degree as charged in a superior court information. He also orally waived his right to appeal and signed a written waiver of appeal in open court. Defendant was then sentenced, as a second felony offender, to a prison term of 3 to 6 years, and he now appeals.

Defendant contends that his factual recitation during the plea colloquy did not establish the element of force required for robbery in the third degree (see Penal Law § 160.05). Inasmuch as this argument constitutes a challenge to the factual sufficiency of the plea, “it is precluded by [defendant’s] valid ap[*1156] peal waiver, which he does not take issue with on appeal” (People v Blair, 140 AD3d 1478, 1479 [2016], lv denied 28 NY3d 927 [2016]; see People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Devault, 124 AD3d 1140, 1140-1141 [2015], lv denied 25 NY3d 989 [2015]).

Defendant also contends that his plea was not knowing, voluntary and intelligent because County Court failed to advise him that he would be giving up his constitutional privilege against self-incrimination by pleading guilty (see People v Tyrell, 22 NY3d 359, 365 [2013]; see also Boykin v Alabama, 395 US 238, 243 [1969]). Although this claim survives defendant’s valid appeal waiver (see People v Giammichele, 144 AD3d 1320, 1320 [2016]; People v Klinger, 129 AD3d 1115, 1116 [2015]), it is unpreserved for our review as there is no indication in the record that he made an appropriate postallocution motion, despite having ample time to do so prior to sentencing (see People v Conceicao, 26 NY3d 375, 382 [2015]; People v Toledo, 144 AD3d 1332, 1333 [2016]; People v Giammichele, 144 AD3d at 1320; People v Sommers, 140 AD3d 1537, 1538 [2016], lv denied 28 NY3d 974 [2016]). In any event, we decline to take corrective action in the interest of justice inasmuch as the record confirms that County Court adequately advised defendant of the constitutional rights he was forfeiting by pleading guilty. Furthermore, defendant expressed his understanding of those rights and he acknowledged his familiarity with them based upon his prior experience entering guilty pleas (see People v Sommers, 140 AD3d at 1538; People v Walker, 135 AD3d 1244, 1245 [2016]; People v Proper, 133 AD3d 918, 919 [2015]; compare People v Lowe, 133 AD3d 1099, 1101 [2015]). Thus, we are satisfied that there is “an affirmative showing on the record that the defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]).

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

Ordered that the judgment is affirmed.