People v. Mess, 2020 NY Slip Op 4671 (N.Y. App. Div. 2020). · Go Syfert
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People v. Mess, 2020 NY Slip Op 4671 (N.Y. App. Div. 2020). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Thomas (nyappdiv, 2024-02-02)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2024 · confidence medium
As defendant contends and the People correctly concede, defendant's waiver of the right to appeal is invalid inasmuch as both the signed written waiver of the right to appeal and the oral waiver colloquy mischaracterized the nature of the right to appeal ( see People v Thomas , 34 NY3d 545 , 564-566 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]; People v Jones , 186 AD3d 1069, 1070 [4th Dept 2020]).
discussed Cited as authority (rule) People v. Szymanski
N.Y. App. Div. · 2023 · confidence medium
Contrary to defendant's contention, the plea colloquy establishes that he knowingly, voluntarily, and intelligently waived the right to appeal ( see People v Mess , 186 AD3d 1069, 1069 [4th Dept 2020]; see generally People v Thomas , 34 NY3d 545 , 564 [2019], cert denied — US —, 140 S Ct 2634 [2020]).
discussed Cited as authority (rule) People v. Szymanski
N.Y. App. Div. · 2023 · confidence medium
Contrary to defendant's contention, the plea colloquy establishes that he knowingly, voluntarily, and intelligently waived the right to appeal ( see People v Mess , 186 AD3d 1069, 1069 [4th Dept 2020]; see generally People v Thomas , 34 NY3d 545 , 564 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]).
discussed Cited as authority (rule) People v. Austin
N.Y. App. Div. · 2022 · confidence medium
As an initial matter, we conclude that defendant's waiver of the right to appeal is invalid inasmuch as both the written waiver signed by defendant and County Court's oral waiver colloquy mischaracterized the nature of the right to appeal ( see People v Thomas , 34 NY3d 545 , 565-566 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]; People v Jones , 186 AD3d 1069, 1070 [4th Dept 2020]).
discussed Cited as authority (rule) People v. Witherow
N.Y. App. Div. · 2022 · confidence medium
Contrary to defendant's contention with respect to both appeals, the plea colloquy establishes that he knowingly, voluntarily, and intelligently waived the right to appeal ( see People v Mess , 186 AD3d 1069, 1069 [4th Dept 2020]; see generally People v Thomas , 34 NY3d 545 , 564 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]).
discussed Cited as authority (rule) People v. Roots
N.Y. App. Div. · 2022 · confidence medium
Contrary to defendant's contention, we conclude that the plea colloquy establishes that defendant knowingly, voluntarily, and intelligently waived the right to appeal ( see People v Mess , 186 AD3d 1069, 1069 [4th Dept 2020]; see generally People v Thomas , 34 NY3d 545 , 559-560 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]).
discussed Cited as authority (rule) People v. Cossette
N.Y. App. Div. · 2021 · confidence medium
As an initial matter, we conclude that defendant's waiver of the right to appeal is invalid inasmuch as both the signed written waiver of the right to appeal and the oral waiver colloquy mischaracterized the nature of the right to appeal ( see People v Thomas , 34 NY3d 545 , 565-566 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]; People v Jones , 186 AD3d 1069, 1070 [4th Dept 2020]).
Retrieving the full opinion text from the archive…
People
v.
Mess
400 KA 16-02127.
Appellate Division of the Supreme Court of the State of New York.
Aug 20, 2020.
2020 NY Slip Op 4671
Cited by 8 opinions  |  Published
People v Mess (2020 NY Slip Op 04671)
People v Mess
2020 NY Slip Op 04671
Decided on August 20, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on August 20, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND DEJOSEPH, JJ.

400 KA 16-02127

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

CHARLENE M. MESS, DEFENDANT-APPELLANT.




NORMAN P. EFFMAN, PUBLIC DEFENDER, WARSAW (ADAM W. KOCH OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, SPECIAL PROSECUTOR, BATAVIA (WENDY EVANS LEHMANN OF COUNSEL), FOR RESPONDENT.



Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), rendered June 23, 2016. The judgment convicted defendant upon her plea of guilty of manslaughter in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]). We reject defendant's contention that her waiver of the right to appeal was invalid. The plea colloquy establishes that defendant knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of the maximum sentence County Court could impose in its discretion, the waiver encompasses her challenge to the severity of her sentence (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Lasher, 151 AD3d 1774, 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

Entered: August 20, 2020

Mark W. Bennett

Clerk of the Court