Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Williams
(2×)
The facts relevant to this claim appear on the face of the record of the plea proceeding and were, therefore, subject to review on direct appeal, and the defendant failed to establish that his failure to take an appeal from the judgment was justifiable ( see CPL 440.10[2][c]; People v Samaroo , 205 AD3d 822, 825; People v Terrero , 198 AD3d 930, 931; People v Malik , 166 AD3d 650, 653).
discussed
Cited "see"
People v. Marcellus
"Where, as here, defense counsel gives incorrect advice regarding the immigration consequences of a guilty plea, that constitutes ineffective assistance under the first prong of Strickland " ( People v Go , 207 AD3d at 1083 [citations omitted]; see People v Remigio , 192 AD3d 519, 519 [1st Dept 2021]; People v Abdallah , 153 AD3d at 1426-1427 ; see generally People v Terrero , 198 AD3d 930, 932 [2d Dept 2021], lv denied 37 NY3d 1165 [2022]; People v Bernard , 195 AD3d 740, 742 [2d Dept 2021]; People v Ottey , 175 AD3d 1324 , 1326 [2d Dept 2019], lv denied 34 NY3d 1018 [2019]). [FN2] With respe…
discussed
Cited "see"
People v. Marcellus
"Where, as here, defense counsel gives incorrect advice regarding the immigration consequences of a guilty plea, that constitutes ineffective assistance under the first prong of Strickland " ( People v Go , 207 AD3d at 1083 [citations omitted]; see People v Remigio , 192 AD3d 519 , 519 [1st Dept 2021]; People v Abdallah , 153 AD3d at 1426-1427 ; see generally People v Terrero , 198 AD3d 930 , 932 [2d Dept 2021], lv denied 37 NY3d 1165 [2022]; People v Bernard , 195 AD3d 740 , 742 [2d Dept 2021]; People v Ottey , 175 AD3d 1324 , 1326 [2d Dept 2019], lv denied 34 NY3d 1018 [2019]). [FN2] With re…
Retrieving the full opinion text from the archive…
People
v.
Sease
v.
Sease
Ind. No. 4463/17.
Appellate Division of the Supreme Court of the State of New York.
Oct 20, 2021.
Published
People v Sease (2021 NY Slip Op 05731)
Decided on October 20, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
2017-12135
(Ind. No. 4463/17)
| People v Sease |
| 2021 NY Slip Op 05731 |
| Decided on October 20, 2021 |
| Appellate Division, Second 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 October 20, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
2017-12135
(Ind. No. 4463/17)
[*1]The People of the State of New York, respondent,
v
Javaughn Sease, appellant.
v
Javaughn Sease, appellant.
Patricia Pazner, New York, NY (Hannah Kon of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Julian Joiris of counsel; Yael Golan on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Martin P. Murphy, J.), imposed August 28, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The sentence imposed was not excessive (see People v Suitte , 90 AD2d 80).
RIVERA, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.
ENTER:Maria T. Fasulo
Acting Clerk of the Court