People v. Walker, 2017 NY Slip Op 4904 (N.Y. App. Div. 2017). · Go Syfert
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People v. Walker, 2017 NY Slip Op 4904 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Robles (nyappdiv, 2022-12-23)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" People v. Robles
N.Y. App. Div. · 2022 · signal: see · confidence high
Reviewing "the record as a whole and the circumstances of the plea in its totality," we conclude that the plea was knowing, intelligent, and voluntary ( People v Tucker , 169 AD3d 1368 , 1369 [4th Dept 2019], lv denied 33 NY3d 982 [2019] [internal quotation marks omitted]; see People v Walker , 151 AD3d 569, 569 [1st Dept 2017]).
discussed Cited "see" People v. Barnes
N.Y. App. Div. · 2022 · signal: see · confidence high
Reviewing "the record as a whole and the circumstances of the plea in its totality," we conclude that the plea was knowing, intelligent, and voluntary ( People v Tucker , 169 AD3d 1368 , 1369 [4th Dept 2019], lv denied 33 NY3d 982 [2019] [internal quotation marks omitted]; see People v Walker , 151 AD3d 569, 569 [1st Dept 2017]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Walter Walker, Appellant
3350N/13 4274A 67N/14 4274.
Appellate Division of the Supreme Court of the State of New York.
Jun 15, 2017.
2017 NY Slip Op 4904
Tom, Renwick, Manzanet-Daniels, Kapnick.
Cited by 5 opinions  |  Published

Judgments, Supreme Court, New York County (Michael J. Obús, J. at pleas; Bonnie G. Wittner, J. at sentencing), rendered May 21, 2015, convicting defendant of criminal sale of a firearm in the first degree (two counts), criminal possession of a weapon in the first degree and conspiracy in the fourth degree, and sentencing him to an aggregate term of 20 years, unanimously affirmed.

Defendant’s challenges to his plea are unpreserved (see People v Conceicao, 26 NY3d 375, 382 [2015]), and we decline to review them in the interest of justice. As an alternative holding, we find that the record as a whole demonstrates that defendant’s plea was knowing, intelligent, and voluntary, notwithstanding any deficiencies in the plea colloquy, including the lack of an express waiver of the right to remain silent (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Velez, 138 AD3d 418 [1st Dept 2016], lv denied 27 NY3d 1140 [2016]).

We perceive no basis for reducing the sentence.

Concur— Tom, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.