People v. Boyce, 2 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2003). · Go Syfert
People v. Boyce, 2 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2003). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Cited for
At page 1208 Challenges to plea voluntariness not preserved without motion4 citing casesSpain, J. Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered July 12, 2001, convicting defendant upon his plea of guilty…opening of page *1208 (no citing court says what it cites this page for)
  • People v. Oddy, 144 A.D.3d 1322 (N.Y. App. Div. 3d Dep't 2016).published
    As such, although defendant’s challenge to County Court’s denial of his motion to suppress incriminating statements that he made to a police investigator survives his guilty plea (see CPL 710.70 [2]; People v Henry, 133 AD3d 1085, 1086 [20…
  • People v. Martin, 16 A.D.3d 767 (N.Y. App. Div. 3d Dep't 2005).published
    Under these circumstances, we find that defendant is precluded from challenging County Court’s ruling on his suppression motion (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Williams, 6 AD3d 746, 747 [2004], lv denied 3 NY3d 650 [2…
  • People v. Snare, 11 A.D.3d 823 (N.Y. App. Div. 3d Dep't 2004).published
    As a threshold matter, we note that defendant did not move to withdraw his plea or vacate the judgment of conviction, thereby rendering his challenge to the plea’s voluntariness unpreserved for our review (see People v Boyce, 2 AD3d 1208,…
  • People v. Hill, 11 A.D.3d 817 (N.Y. App. Div. 3d Dep't 2004).published
    Initially, as defendant failed to move to withdraw his plea or to vacate the judgment of conviction, his challenge to the voluntariness of his plea is not preserved for our review (see People v Williams, 6 AD3d 746, 746 [2004], lv denied 3…
At page 1209 Determining plea voluntariness and waiver of appeal4 citing casesrecessed to make a phone call to the parole board to obtain an answer to defendant’s question (cf. People v Goss, 286 AD2d 180 [2001]), and the court’s…opening of page *1209 (no citing court says what it cites this page for)
  • People v. Oliveira, 244 A.D.3d 1411 (N.Y. App. Div. 3d Dep't 2025).published
    Contrary to defendant's contention, neither his statements during the plea proceeding nor those made after his sentence had been imposed triggered the narrow exception to the preservation requirement ( see People v Pastor , 28 NY3d 1089, 1…
  • People v. Moore, 8 A.D.3d 750 (N.Y. App. Div. 3d Dep't 2004).published
    Inasmuch as defendant elected to not pursue a motion to withdraw his plea of guilty and did not move to vacate the judgment of conviction, his present challenge to the validity of his plea is unpreserved for our review (see People v Davis,…
  • People v. Williams, 6 A.D.3d 746 (N.Y. App. Div. 3d Dep't 2004).published
    Also, defendant’s general waiver of appeal forecloses arguments concerning adverse suppression rulings (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Boyce, 2 AD3d 1208, 1209 [2003]).
  • People v. Clow, 10 A.D.3d 803 (N.Y. App. Div. 3d Dep't 2004).published
    Here, because our review of the record reflects that the plea and appeal waiver are, in all respects, valid and enforceable, we adhere to the principle that, “[b]y waiving [his] right to appeal, defendant agreed to end this matter entirely…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jesse D. Boyce
Appellate Division of the Supreme Court of the State of New York.
Dec 31, 2003.
Published opinion
2 A.D.3d 1208
2003 N.Y. App. Div. LEXIS 14071
Spain.
Cited by 8 opinions  |  Published
Spain, J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered July 12, 2001, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Pursuant to a negotiated agreement, defendant pleaded guilty to attempted burglary in the second degree in satisfaction of a four-count indictment stemming from his conduct on July 17, 2000 in going to the apartment of a former girlfriend, assaulting her, then entering her apartment and removing certain items. As part of the plea, defendant unqualifiedly waived his right to appeal and was later sentenced to a prison term of 2½ years. Defendant now appeals contending, among other things, that his plea was involuntary and the sentence was harsh and excessive. We affirm.

At the outset, defendant’s various challenges to the voluntariness of his plea are not preserved for our review given his failure to move to withdraw his plea or to vacate the judgment of conviction (see People v Barclay, 1 AD3d 705, 705-706 [2003]). Further, defendant’s attempt to challenge an adverse aspect of County Court’s suppression ruling, which otherwise suppressed his statement to police, is foreclosed by his general appeal waiver, which specifically included the withdrawal of all motions, as part of the negotiated plea (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Collier, 232 AD2d 878, 878 [1996], lv denied 89 NY2d 863 [1996]; People v Jandrew, 101 AD2d 90, 91-92 [1984]). Also unavailing is his claim that the court imposed a three-year period of postrelease supervision without sufficiently answering his questions (see Penal Law § 70.45). In fact, the court fully advised defendant of this condition and[*1209] recessed to make a phone call to the parole board to obtain an answer to defendant’s question (cf. People v Goss, 286 AD2d 180 [2001]), and the court’s inability to answer a hypothetical question thereafter posed by defendant did not render his plea involuntary in any respect.

Likewise, defendant’s contention that County Court misadvised him during the plea about whether he would face additional time for a pending misdemeanor charge in another county is meritless. As the People made clear, that charge was not covered by the plea agreement and the court openly stated that it did not know what the other District Attorney would do. With regard to defendant’s contentions that he received ineffective assistance of counsel, they are unrelated to the voluntariness of his plea and are, thereby, foreclosed by his voluntary waiver of appeal (see People v Porter, 300 AD2d 698, 699 [2002], lv denied 100 NY2d 541 [2003]; cf. People v Seaberg, 74 NY2d 1, 10 [1989]).

Moreover, defendant’s contention that he did not understand the ramifications of waiving his right to appeal does not withstand scrutiny. The transcript of the plea colloquy reflects that prior to accepting defendant’s plea, County Court fully apprised him of the consequences of pleading guilty and the rights he was foregoing, including waiving his right to appeal, which the court clearly explained meant, “It ends here, you can’t go to a higher court.” Defendant stated that he understood and never raised any questions or expressed any uncertainty, thereafter pleading guilty. Defendant’s statements to the court after sentence was imposed and his refusal to then sign the waiver of appeal form did not undermine the voluntariness or the effectiveness of the oral appeal waiver; in fact, defendant at that point conceded that he “had already agreed to it” as part of the plea agreement and never requested permission to withdraw his plea or moved to vacate the judgment of conviction.

Finally, in view of our finding that the plea allocution demonstrates a knowing, voluntary and intelligent guilty plea and waiver of appeal intended comprehensively to cover all aspects of this case, defendant’s challenge to County Court’s imposition of the lawful agreed-upon sentence is precluded (see People v Allen, 82 NY2d 761, 763 [19933; People v Seaberg, supra at 8-10; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 98 NY2d 711 [2002]; see also People v Hidalgo, 91 NY2d 733 [1998]). We have examined defendant’s remaining claims and have determined that they are without merit.

Mercure, J.P., Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.