People v. Williams, 2017 NY Slip Op 3024 (N.Y. App. Div. 2017). · Go Syfert
People v. Williams, 2017 NY Slip Op 3024 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
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discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2025 · confidence medium
This contention is unpreserved for our review as defendant did not challenge the adequacy of the allocution related to his jury trial waiver in an appropriate and timely motion ( see People v Harris , 139 AD3d 1244, 1246 [3d Dept 2016], lv denied 28 NY3d 930 [2016]; see also People v Barnett , 221 AD3d 1421 , 1422 [4th Dept 2023], lv denied 41 NY3d 964 [2024]; People v Williams , 149 AD3d 986, 986 [2d Dept 2017], lv denied 29 NY3d 1135 [2017]).
discussed Cited as authority (rule) People v. Dibble
N.Y. App. Div. · 2019 · confidence medium
Defendant, however, failed to preserve his contention for our review ( see People v Lane , 160 AD3d 1363 , 1365 [4th Dept 2018]; People v Williams , 149 AD3d 986, 986 [2d Dept 2017], lv denied 29 NY3d 1135 [2017]), and we decline to exercise our power to review the contention as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Ricky Williams, Appellant
2014-05285.
Appellate Division of the Supreme Court of the State of New York.
Apr 19, 2017.
2017 NY Slip Op 3024
Rivera, Balkin, Barros, Nelson.
Cited by 15 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 30, 2014, convicting him of burglary in the third degree (two counts), criminal mischief in the fourth degree (two counts), criminal trespass in the second degree, and petit larceny, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his waiver of the right to a jury trial was not knowing, voluntary, and intelligent (see CPL 470.05 [2]; People v Johnson, 51 NY2d 986, 987-988 [1980]; People v Pazmini, 132 AD3d 1015 [2015]; People v Petitbrun, 123 AD3d 1057, 1058 [2014]; People v Butler, 17 AD3d 379, 380 [2005]). In any event, the record does not support the defendant’s contention that the waiver was invalid. The defendant executed a written waiver in open court after allocution by the court, the trial justice approved the waiver, and the circumstances surrounding the waiver supported the Supreme Court’s determination that the waiver was made knowingly, voluntarily, and intelligently (see People v Pazmini, 132 AD3d at 1015; People v Silva, 91 AD3d 675, 675 [2012]; People v Fani, 59 AD3d 460 [2009]).

The defendant’s contention that the Supreme Court misapprehended its discretion by not sentencing him to parole supervision is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction (see CPL 410.91; People v Eggsware, 90 AD3d 1231, 1234 n 2 [2011]; People v Rivers, 63 AD3d 423 [2009]). The defendant’s further contention that he received ineffective assistance of counsel is not reviewable on direct appeal because it involves matter dehors the record (see People v Love, 57 NY2d 998, 1000 [1982]; People v Rivers, 63 AD3d at 423).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Balkin, Barros and Brathwaite Nelson, JJ., concur.