People v. Bateman, 151 A.D.3d 1482 (N.Y. App. Div. 3d Dep't 2017). · Go Syfert
People v. Bateman, 151 A.D.3d 1482 (N.Y. App. Div. 3d Dep't 2017). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Cited for
At page 1483 “As defendant’s “full appreciation of the consequences and understanding of the terms and conditions of the plea, including a waiver of the right to appeal, are apparent on the face of the record” (People v Sanders, 25 NY3d 337, 340 [2015] [internal quotation marks and citation omitted]), we find th…”7 citing casesthe opinion's own words at *1483
  • People v. Golden, 2019 NY Slip Op 2926 (N.Y. App. Div. 3d Dep't 2019).
    Further, to the extent that defendant's claim amounts to a challenge to the enhanced sentence as harsh and excessive, it is also precluded by the unchallenged appeal waiver, as County Court advised defendant of the specific conditions that…
  • People v. Brown, 2018 NY Slip Op 5367 (N.Y. App. Div. 3d Dep't 2018).
    County Court explained that the plea agreement included a waiver of the right to appeal defendant's conviction and sentence ( see People v Bateman , 151 AD3d 1482, 1483 [2017], lv denied 31 NY3d 981 [2018]) and that such waiver was in addi…
  • People v. Turner, 2018 NY Slip Op 862 (N.Y. App. Div. 3d Dep't 2018).
    The record demonstrates that defendant was advised that an appeal waiver was a condition of the plea agreement ( see People v Bateman , 151 AD3d 1482, 1483 [2017]; People v Belile , 137 AD3d 1460, 1461 [2016]), and, during the plea colloqu…
  • People v. Shaw, 2018 NY Slip Op 363 (N.Y. App. Div. 3d Dep't 2018).
    "As defendant's full appreciation of the consequences and understanding of the terms and conditions of the plea, including a waiver of the right to appeal, are apparent on the face of the record, we find that [her] waiver of appeal was mad…
  • People v. Smith, 2018 NY Slip Op 196 (N.Y. App. Div. 3d Dep't 2018). 2 cites
    Defendant was apprised that a waiver of the right to appeal was a condition of the plea agreement ( see People v Bateman , 151 AD3d 1482, 1483 [2017]) and, during the ensuing colloquy, County Court explained that defendant's right to appea…
  • People v. Bros., 155 A.D.3d 1257 (N.Y. App. Div. 3d Dep't 2017).
    In view of the foregoing, we are satisfied that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v Bateman, 151 AD3d 1482, 1483 [2017]; People v Hutchison, 151 AD3d 1481, 1482 [2017]).
  • People v. Lenahan, 2022 NY Slip Op 00476 (N.Y. App. Div. 3d Dep't 2022).
    As defendant's understanding of the appeal waiver is not reflected on the face of the record, it is invalid and, thus, he is not precluded from challenging the severity of his sentence ( see People v Pagan , 194 AD3d at 1264 ; People v Ger…
At page 1484 defendant of the specific conditions that he had to abide by or risk enhancement of his sentence, and defendant and counsel were afforded an opportunity to…3 citing casesopening of page *1484 (no citing court says what it cites this page for)
  • People v. Jean-Pierre, 2022 NY Slip Op 01347 (N.Y. App. Div. 3d Dep't 2022).
    Accordingly, defendant's contention is without merit. [FN1] In view of defendant's unsuccessful challenge to the appeal waiver, defendant is foreclosed from attacking the adverse suppression ruling ( see People v Andino , 185 AD3d 1218, 12…
  • People v. Wilson, 194 A.D.3d 1195 (N.Y. App. Div. 3d Dep't 2021).
    Finally, County Court advised defendant of the consequences of violating the condition, and defendant's claim that the enhanced sentence was harsh and excessive is precluded by his appeal waiver as a result ( see People v Brown , 163 AD3d…
  • People v. Rudolph, 2019 NY Slip Op 1675 (N.Y. App. Div. 3d Dep't 2019).
    Given that the court adequately advised defendant of the consequences of violating the plea conditions, defendant's challenge to the enhanced sentence is precluded by his valid appeal waiver ( see People v Bateman , 151 AD3d 1482, 1484 [20…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Joseph A. Bateman, Appellant
108097.
Appellate Division of the Supreme Court of the State of New York.
Jun 29, 2017.
151 A.D.3d 1482
McCarthy, Garry, Lynch, Rose, Mulvey.
Cited by 10 opinions  |  Published

[*1483] Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered November 16, 2015, convicting defendant upon his plea of guilty of the crime of unlawful manufacture of methamphetamine in the third degree.

Defendant waived indictment and pleaded guilty to unlawful manufacture of methamphetamine in the third degree as charged in a superior court information, and waived his right to appeal. The plea agreement, which also satisfied another pending charge, provided that defendant would receive a prison term of three years with two years of postrelease supervision subject to certain conditions, including that he “comply with the jail rules.” County Court specifically warned defendant that breaking the jail rules could result in an enhanced sentence of four years in prison. When defendant appeared for sentencing, the court advised the parties that it had received documents from the jail regarding defendant’s violation of jail rules, including possession of contraband and testing positive for opiates, which defendant did not dispute. The court determined that defendant had violated the conditions of his plea agreement and that it was no longer bound to the promised sentence, and imposed a prison term of four years with two years of postrelease supervision, as an admitted second drug felony offender. Defendant now appeals.

We affirm. Defendant’s claim that the sentence is harsh and excessive is precluded by his valid combined oral and written appeal waiver (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Hall, 147 AD3d 1151, 1151-1152 [2017]). Defendant was advised that an appeal waiver was a condition of the plea agreement, and County Court provided a detailed explanation of the rights that were not waived, ascertained that defendant understood the waiver and conveyed that it was separate and distinct from the trial-related rights automatically forfeited by his guilty plea. Defendant then executed a written waiver of appeal, indicating that he had read and understood it and had no questions (see People v Lopez, 6 NY3d at 256; People v Khan, 139 AD3d 1261, 1262 [2016], lv denied 28 NY3d 932 [2016]). As defendant’s “full appreciation of the consequences and understanding of the terms and conditions of the plea, including a waiver of the right to appeal, are apparent on the face of the record” (People v Sanders, 25 NY3d 337, 340 [2015] [internal quotation marks and citation omitted]), we find that his waiver of appeal was made “knowingly, intelligently and voluntarily” (People v Lopez, 6 NY3d at 256). Further, the court informed[*1484] defendant of the specific conditions that he had to abide by or risk enhancement of his sentence, and defendant and counsel were afforded an opportunity to contest the violations and did not dispute that defendant had received adequate warnings and had violated the conditions. Accordingly, an enhanced sentence was authorized and did not constitute an abuse of discretion (see People v Albergotti, 17 NY3d 748, 750 [2011]; People v Lester, 141 AD3d 951, 953-954 [2016], lv denied 28 NY3d 1185 [2017]). Given that the court advised him of the consequences of violating the conditions of his plea, defendant’s challenge to the enhanced sentence as harsh and excessive is precluded by his valid appeal waiver (see People v Gilbert, 145 AD3d 1196, 1197 [2016], lv denied 28 NY3d 1184 [2017]; People v Lester, 141 AD3d at 954).

McCarthy, J.P., Garry, Lynch, Rose and Mulvey, JJ., concur.

Ordered that the judgment is affirmed.