green
Positive treatment
Issue: plea colloquy waiverNY ↗
Issue: nature of the appeal waiverNY ↗
Issue: record discloses defenseNY ↗
Issue: balance factorsNY ↗
5.1 score
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017
2021
2026
Top citers, strongest first. 4 distinct citers.
How cited ↗
cited
Cited "see"
Jackson v. Eckert
See People v. Jackson, 29 N.Y.3d 1092 , 85 N.E.3d 103 , 63 N.Y.S.3d 8 (2017).
discussed
Cited "see"
People v. Dolison
The written waiver specifically informed defendant that his waiver included "any issues regarding the sentence being harsh and/or excessive." Further, given that defendant, at the time of the plea, was a 46-year-old second felony offender with "considerable experience with the criminal justice system" ( People v Danzy , 182 AD3d 920, 921 [2020], lv denied 35 NY3d 1043 [2020]; see People v Lambert , 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]), we find that defendant's waiver of appeal was knowing, voluntary and intelligent.
discussed
Cited "see"
People v. Sharpe
To that end, County Court advised defendant that an appeal waiver was a condition of the plea agreement, made clear the "separate and distinct" nature of the right to appeal and the appellate rights that survive the waiver, and ascertained that defendant had no questions ( People v Lopez , 6 NY3d at 256 ; see People v Lambert , 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Tulip , 150 AD3d at 1565 ).
Retrieving the full opinion text from the archive…
People
v.
Grefer (Charles)
v.
Grefer (Charles)
Cited by 1 opinion | Published
4th Dept: 149 AD3d 1543 (Onondaga)
denied 7/25/17 (Rivera, J.) (Appeal No. 2)