People v. Williams, 6 A.D.3d 746 (N.Y. App. Div. 3d Dep't 2004). · Go Syfert
People v. Williams, 6 A.D.3d 746 (N.Y. App. Div. 3d Dep't 2004). Cases Citing This Book View Copy Cite
41 citation events (41 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Cited for
At page 747 Voluntariness of plea and waiver of appeal rights25 citing casesmove to withdraw his plea. In any event, the plea colloquy demonstrates that County Court advised defendant of the terms of the plea, including the appeal…opening of page *747 (no citing court says what it cites this page for) · 24 listed here
  • People v. Martinez, 245 A.D.3d 1071 (N.Y. App. Div. 3d Dep't 2026).published
    Defendant's contention that County Court erred in denying his preplea requests for the assignment of new counsel survives his valid "appeal waiver to the extent that it impacts upon the voluntariness of his plea, [but] is unpreserved for o…
  • People v. Drake, 224 A.D.3d 1138 (N.Y. App. Div. 3d Dep't 2024).published
    Footnote 2: Defendant's contention that the police lacked probable cause to arrest him was forfeited by his guilty plea that he entered into after he had waived his right to his pending Huntley hearing, forgoing a determination on that mot…
  • People v. Tetreault, 152 A.D.3d 1081 (N.Y. App. Div. 3d Dep't 2017).published
    Defendant’s contention that physical evidence that the police seized in the methamphetamine case must be suppressed is likewise precluded by his valid plea and appeal waiver (see People v Barton, 113 AD3d at 928 ; People v Williams, 6 AD3d…
  • People v. Rodriguez, 118 A.D.3d 1182 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    By pleading guilty after the suppression hearing hut before a decision was rendered on his underlying suppression motion, defendant forfeited his right to appellate review of all claims related to that pending motion (see People v Fernande…
  • People v. Rolfe, 83 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2011).published
    This claim survives defendant’s waiver of the right to appeal only to the extent that it implicates the voluntariness of his plea (see People v Pump, 67 AD3d 1041,1041 [2009], lv denied 13 NY3d 941 [2010]; People v Williams, 6 AD3d 746, 74…
  • People v. Buckler, 80 A.D.3d 889 (N.Y. App. Div. 3d Dep't 2011).published
    Moreover, by pleading guilty before obtaining a final order determining his motion to suppress, defendant forfeited his right to appellate review of the undetermined suppression issues (see CPU 710.70 [2]; People v Fernandez, 67 NY2d 686,…
  • People v. Phillips, 56 A.D.2d 1163 (N.Y. App. Div. 4th Dep't 2008).published
    Finally, the contention of defendant that the court abused its discretion in denying his motion seeking to discharge defense counsel is encompassed by the plea and the waiver of the right to appeal except to the extent that the contention…
  • People v. Sullivan, 37 A.D.3d 974 (N.Y. App. Div. 3d Dep't 2007).published
    First, because defendant pleaded guilty before a decision was rendered on his suppression motion, he has forfeited all claims relating to that pending motion, including the claim that his confession was the product of an improper warrantle…
  • People v. Adams, 31 A.D.3d 1063 (N.Y. App. Div. 3d Dep't 2006).published 2 cites
    A review of the colloquy reveals that defendant sufficiently admitted to the elements of the crime and his plea was voluntary, knowing and intelligent (see People v Williams, supra at 747; People v Dennis, 295 AD2d 755, 755-756 [2002], lv…
  • People v. Vance, 27 A.D.3d 1015 (N.Y. App. Div. 3d Dep't 2006).published
    Defendant’s pro se contention that he was not properly represented by counsel is waived (see People v Cain, 24 AD3d 889, 890 [2005]; People v Williams, 6 AD3d 746, 747 [2004], lv denied 3 NY3d 650 [2004]) and is without merit, as defendant…
Show 14 more citing cases
  • People v. Brown, 23 A.D.3d 702 (N.Y. App. Div. 3d Dep't 2005).published
    Here, defendant’s conclusory and vague allegations that his mental capacity was impaired by illness from methadone withdrawal were inadequate to raise an issue (see People v Hickey, 277 AD2d 511, 512 [2000], lv denied 95 NY2d 964 [2000]),…
  • People v. Kyzer, 21 A.D.3d 1212 (N.Y. App. Div. 3d Dep't 2005).published
    Finally, defendant was informed of the ramifications of entering the plea and affirmed that he understood the rights that he was relinquishing and he had not been threatened or coerced into entering the plea (see People v Williams, 6 AD3d…
  • People v. Coss, 19 A.D.3d 943 (N.Y. App. Div. 3d Dep't 2005).published
    Under these circumstances, we are satisfied that defendant’s guilty plea was voluntary, knowing and intelligent (see People v Kron, 8 AD3d 908, 908 [2004], lv denied 3 NY3d 708 [2004]; People v Williams, 6 AD3d 746, 747-748 [2004], lv deni…
  • People v. Santalucia, 19 A.D.3d 806 (N.Y. App. Div. 3d Dep't 2005).published
    Moreover, defendant was specifically advised that his plea would waive his right to a suppression hearing (see People v Williams, 6 AD3d 746, 747 [2004], lv denied 3 NY3d 650 [2004]).
  • People v. Miller, 17 A.D.3d 931 (N.Y. App. Div. 3d Dep't 2005).published
    Defendant’s plea was made knowingly, intelligently and voluntarily (see People v Kron, 8 AD3d 908, 908 [2004], lvs denied 3 NY3d 708 , 758 [2004]; People v Williams, 6 AD3d 746, 747 [2004], lv denied 3 NY3d 650 [2004]).
  • People v. Williams, 17 A.D.3d 783 (N.Y. App. Div. 3d Dep't 2005).published
    Under these circumstances, there was no viable challenge to the plea (see People v Kron, 8 AD3d 908, 908 [2004], lvs denied 3 NY3d 708 , 758 [2004]; People v Williams, 6 AD3d 746, 747 [2004], lv denied 3 NY3d 650 [2004]). * Defendant’s cla…
  • 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. Keebler, 15 A.D.3d 724 (N.Y. App. Div. 3d Dep't 2005).published 2 cites
    Defendant’s claims of being rushed or coerced are either without credible support or belied by the record, which reflects that defendant’s guilty plea was voluntary, knowing and intelligent (see People v Kron, 8 AD3d 908 [2004], lv denied…
  • People v. Whitted, 12 A.D.3d 840 (N.Y. App. Div. 3d Dep't 2004).published
    He has, as a result, forfeited all claims related to those pending motions, including the claim that his statement to police was illegally obtained (see People v Williams, 6 AD3d 746, 747 [2004]; see also People v Fernandez, 67 NY2d 686, 6…
  • People v. Brown, 10 A.D.3d 801 (N.Y. App. Div. 3d Dep't 2004).published
    County Court engaged defendant in a thorough colloquy, whereby defendant freely admitted to facts establishing the elements of the subject crime, affirmed that he had fully discussed the matter with defense counsel and was making the plea…
  • People v. Atwood, 9 A.D.3d 512 (N.Y. App. Div. 3d Dep't 2004).published
    Next, defendant pleaded guilty while her motion was pending to suppress her statement to police based upon lack of probable cause to arrest her without a warrant, forfeiting this issue for appellate review (see People v Williams, 6 AD3d 74…
  • People v. Lafferty, 227 A.D.3d 1480 (N.Y. App. Div. 4th Dep't 2024).published
    Defendant's contention in his main and pro se supplemental briefs with respect to his [*2]request for substitution of counsel "is encompassed by the plea . . . except to the extent that the contention implicates the voluntariness of the pl…
  • People v. Morris, 94 A.D.3d 1450 (N.Y. App. Div. 4th Dep't 2012).published
    Defendant’s contention with respect to his initial request for substitution of counsel “is encompassed by the plea and the waiver of the right to appeal except to the extent that the contention implicates the voluntariness of the plea” (Pe…
  • People v. Pump, 67 A.D.3d 1041 (N.Y. App. Div. 3d Dep't 2009).published
    Based on the valid waiver, defendant has given up his right to raise most issues on appeal (see People v Hansen, 95 NY2d 227, 230 [2000]; see also People v Muniz, 91 NY2d 570, 574 [1998]), including any challenge to County Court’s suppress…
At page 746 Preserving challenge to plea voluntariness after waiver5 citing casesSpain, J. Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June 26, 2002, convicting defendant upon his plea of guilty of…opening of page *746 (no citing court says what it cites this page for)
  • People v. Keebler, 15 A.D.3d 724 (N.Y. App. Div. 3d Dep't 2005).published 2 cites
    Defendant’s claims of being rushed or coerced are either without credible support or belied by the record, which reflects that defendant’s guilty plea was voluntary, knowing and intelligent (see People v Kron, 8 AD3d 908 [2004], lv denied…
  • People v. Guishard, 15 A.D.3d 731 (N.Y. App. Div. 3d Dep't 2005).published
    Having failed to move to withdraw his plea or vacate the judgment of conviction, defendant’s 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 NY3d 650 [2…
  • People v. Hermance, 12 A.D.3d 851 (N.Y. App. Div. 3d Dep't 2004).published
    Having failed to move to withdraw his plea or vacate the judg ment of conviction, defendant’s 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 NY3d 650 […
  • People v. Long, 12 A.D.3d 788 (N.Y. App. Div. 3d Dep't 2004).published
    People v Williams, 6 AD3d 746, 746-747 [2004]; People v Thompson, 193 AD2d 841, 842 [1993]), this argument is patently untenable.
  • 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 748 Affirming judgment after valid plea and appeal waiver5 citing casessubstitution’ ” of counsel was lacking (People v Sides, 75 NY2d 822, 824 [1990], quoting People v Medina, 44 NY2d 199, 207 [1978]; see People v Beaumont, supra…opening of page *748 (no citing court says what it cites this page for) · 4 listed here
  • People v. Vences, 232 A.D.3d 991 (N.Y. App. Div. 3d Dep't 2024).published
    Given the sentencing exposure defendant faced if convicted at trial, counsel obtained a favorable plea deal for defendant, who assured County Court (LaBuda, J.) during the plea colloquy that he was satisfied with the legal advice given ( s…
  • People v. Anderson, 2019 NY Slip Op 7956 (N.Y. App. Div. 3d Dep't 2019).published
    Given the valid appeal waiver, defendant's claim that the imposed sentence is harsh and excessive is precluded ( see People v Pantoja , 172 AD3d 1826 , 1826 [2019]; People v Williams , 6 AD3d 746, 748 [2004], lv denied 3 NY3d 650 [2004]).
  • People v. Devino, 110 A.D.3d 1146 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    While a claim of ineffective assistance of counsel is generally foreclosed by a valid appeal waiver, such as defendant executed here, such a claim survives that waiver to the extent that a defendant alleges that counsel’s ineffectiveness i…
  • People v. Laskowski, 46 A.D.3d 1383 (N.Y. App. Div. 4th Dep't 2007).published
    The valid waiver by defendant of the right to appeal encompasses his challenge to the severity of the period of postrelease supervision (see People v Williams, 6 AD3d 746, 748 [2004] , lv denied 3 NY3d 650 [2004]).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Leodis M. Williams
Appellate Division of the Supreme Court of the State of New York.
Apr 1, 2004.
Published opinion
6 A.D.3d 746
2004 N.Y. App. Div. LEXIS 3685
Spain.
Cited by 35 opinions  |  Published
Spain, J.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June 26, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Defendant pleaded guilty to robbery in the second degree and waived his right to appeal in satisfaction of an indictment also charging him with first degree robbery. Under the terms of the plea agreement, defendant was to be sentenced to a term of imprisonment in the range of 11 to 13 years, with up to five years of postrelease supervision. At sentencing, County Court imposed a prison term of 12V2 years to be followed by a five-year period of postrelease supervision. Defendant appeals, and we affirm.

Initially, defendant’s challenge to the voluntariness of his plea is unpreserved, as he neither moved to withdraw his plea nor to vacate the judgment of conviction, “a necessary prerequisite to preserving this claim” (People v Hughes, 3 AD3d 736, 736 [2004]; see People v Harrington, 3 AD3d 737, 738 [2004]). In fact, the sentencing minutes reflect that defendant had “extensive discussions” with defense counsel and decided not to[*747] move to withdraw his plea. In any event, the plea colloquy demonstrates that County Court advised defendant of the terms of the plea, including the appeal waiver, and apprised him of his rights and the consequences of pleading guilty, eliciting that defendant understood, was not coerced and agreed to the plea offer terms in full. Defendant then admitted to participating in the forcible knife-point stealing of cash and valuables from the victim (see Penal Law § 160.10 [1]) and entered a guilty plea which was in all respects voluntary, knowing and intelligent (see People v Hughes, supra). Likewise, his claims seeking to avoid the waiver of the right to appeal are unpreserved and, in any event, belied by the record (see People v Kirkland, 2 AD3d 1063, 1063 [2003]; see also People v Seaberg, 74 NY2d 1, 10 [1989]).

Further, defendant pleaded guilty after a Huntley hearing but before a decision was rendered on his underlying motion, forfeiting all claims related to that pending motion (see People v Fernandez, 67 NY2d 686, 688 [1986]; People v White, 300 AD2d 830, 832 [2002], lv denied 99 NY2d 586 [2003]; cf. CPL 710.70 [2]). Indeed, at the plea colloquy defendant expressly withdrew all pending motions and was specifically advised that his guilty plea would waive his undecided Huntley motion. 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]).

Next, defendant argues that County Court erred in denying his request before the start of the Huntley hearing to appoint substitute counsel, a request based on the claim that he had never rejected and wanted to accept the lesser, preindictment plea offer and that defense counsel was not adequately representing him. However, having voluntarily pleaded guilty and waived his appeal rights but never moving to withdraw his plea or to vacate the judgment, defendant’s challenges to the effectiveness of trial counsel or to the denial of substitute counsel are unpreserved for our review and are precluded by the appeal waiver, except to the extent that they impact upon the voluntariness of his plea (see People v Shaw, 306 AD2d 697, 698 [2003], lv denied 100 NY2d 645 [2003]; People v Beaumont, 299 AD2d 657, 659 [2002], lv denied 99 NY2d 580 [2003]; see also People v Henning, 2 AD3d 979 [2003]; People v Johnson, 288 AD2d 501, 502 [2001]). Upon review of the record, we discern no improvident exercise of discretion in the court’s determination—following a careful inquiry in which counsel represented that defendant had rejected the preindictment offer and then unsuccessfully counterproposed a better offer and also rejected the higher postindictment plea offer—that “ ‘good cause for a[*748] substitution’ ” of counsel was lacking (People v Sides, 75 NY2d 822, 824 [1990], quoting People v Medina, 44 NY2d 199, 207 [1978]; see People v Beaumont, supra at 659). Further, the record discloses that counsel made and pursued appropriate motions up until the plea, negotiated a lesser sentencing range and plea to a lower count, and vigorously represented defendant’s interests. Counsel’s frustration with defendant’s statements to the contrary did not impact counsel’s effectiveness, require substitution or undermine the voluntariness of defendant’s plea (see People v Shaw, supra at 698). Significantly, during the plea colloquy defendant affirmed that he was satisfied with counsel’s representation and had discussed the case and possible defenses with him, and no reason is presented to permit defendant to avoid the consequences of the voluntarily entered, negotiated plea agreement and appeal waiver (see People v Callahan, 80 NY2d 273 [1992]; People v Seaberg, supra).

Finally, given defendant’s valid and unqualified appeal waiver, he is precluded from challenging as harsh and excessive the sentence, which was lawful and within the range negotiated (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Boyce, supra at 1209; People v Leroy, 308 AD2d 639, 639 [2003]). Defendant’s remaining contentions are either unpreserved for our review or lacking in merit.

Peters, J.P, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.