People v. June, 30 A.D.3d 1016 (N.Y. App. Div. 2006). · Go Syfert
People v. June, 30 A.D.3d 1016 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Melvin (nyappdiv, 2017-03-31)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Melvin
N.Y. App. Div. · 2017 · confidence medium
In our view, it is not “obvious” (People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], denied reconsideration 7 NY3d 868 [2006]), nor is it “clear” (Jackson, 128 AD3d at 1279-1280 ), that the date-of-crime discrepancy at issue here is in fact a mere typographical error (see e.g.
discussed Cited as authority (rule) People v. Melvin
N.Y. App. Div. · 2017 · confidence medium
In our view, it is not “obvious” (People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], denied reconsideration 7 NY3d 868 [2006]), nor is it “clear” (Jackson, 128 AD3d at 1279-1280 ), that the date-of-crime discrepancy at issue here is in fact a mere typographical error (see e.g.
discussed Cited as authority (rule) People v. King
N.Y. App. Div. · 2017 · confidence medium
We have considered defendant’s remaining contention, a challenge to the court’s jurisdiction that survives the guilty plea and would survive even a valid waiver of the right to appeal (see People v Hansen, 95 NY2d 227, 230-231 [2000]; see also People v Oliveri, 49 AD3d 1208, 1209 [2008]; People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], reconsideration denied 7 NY3d 868 [2006]), and we conclude that the contention is without merit.
discussed Cited as authority (rule) People v. King
N.Y. App. Div. · 2017 · confidence medium
We have considered defendant’s remaining contention, a challenge to the court’s jurisdiction that survives the guilty plea and would survive even a valid waiver of the right to appeal (see People v Hansen, 95 NY2d 227, 230-231 [2000]; see also People v Oliveri, 49 AD3d 1208, 1209 [2008]; People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], reconsideration denied 7 NY3d 868 [2006]), and we conclude that the contention is without merit.
discussed Cited as authority (rule) People v. Kwas
N.Y. App. Term. · 2016 · confidence medium
These requirements — with the exception of a claim of hearsay, which is waived if it is not raised in a timely motion, and forfeited as a consequence of a guilty plea (see People v Keizer, 100 NY2d 114, 121 [2003]) — are jurisdictional (see People v Casey, 95 NY2d at 363-365 ), and defendant’s jurisdictional challenge survives both a guilty plea and the waiver of the right to appeal (People v Oliveri, 49 AD3d 1208, 1209 [2008]; see People v Lopez, 6 NY3d 248, 255 [2006]; People v Hansen, 95 NY2d 227, 230-231 [2000]; People v June, 30 AD3d 1016, 1017 [2006]).
discussed Cited as authority (rule) People v. Rossborough
N.Y. App. Div. · 2013 · confidence medium
Defendant was not entitled to review the presentence report inasmuch as “the record establishes that defendant was represented by counsel and that the presentence report was reviewed by defense counsel” (People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], reconsideration denied 7 NY3d 868 [2006]; see CPL 390.50 [2] [a]; see generally People v Vaughan, 20 AD3d 940, 942 [2005], lv denied 5 NY3d 857 [2005]), and thus it cannot be said that there was no legitimate explanation for defense counsel’s alleged deficiency in failing to show it to him (see generally People v Rive…
discussed Cited as authority (rule) People v. Rossborough
N.Y. App. Div. · 2013 · confidence medium
Defendant was not entitled to review the presentence report inasmuch as “the record establishes that defendant was represented by counsel and that the presentence report was reviewed by defense counsel” (People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], reconsideration denied 7 NY3d 868 [2006]; see CPL 390.50 [2] [a]; see generally People v Vaughan, 20 AD3d 940, 942 [2005], lv denied 5 NY3d 857 [2005]), and thus it cannot be said that there was no legitimate explanation for defense counsel’s alleged deficiency in failing to show it to him (see generally People v Rive…
discussed Cited as authority (rule) People v. Milton
N.Y. App. Div. · 2012 · confidence medium
This defect survives the defendant’s failure to raise this claim in the Supreme Court, his plea of guilty, and his waiver of the right to appeal (see People v Zanghi, 79 NY2d at 818 ; People v Menchetti, 76 NY2d at 475 ; People v Edwards, 39 AD3d at 876 ; People v June, 30 AD3d 1016, 1017 [2006]; People v Libby, 246 AD2d 669, 670 [1998]).
discussed Cited as authority (rule) People v. Oliveri
N.Y. App. Div. · 2008 · confidence medium
Although a defendant’s jurisdictional challenge survives both a guilty plea and waiver of the right to appeal (see People v Hansen, 95 NY2d 227, 230-231 [2000]; People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 , 868 [2006]), here we reject defendant’s jurisdictional challenge.
discussed Cited as authority (rule) People v. Goforth
N.Y. App. Div. · 2007 · signal: cf. · confidence medium
Thus, the SCI is jurisdictionally defective on that ground as well (see Kohl, 19 AD3d at 1156 ; cf. People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 , 868 [2006]; People v Clark, 24 AD3d 1225, 1226 [2005], lv denied 6 NY3d 832 [2006]; see generally People v McClain, 24 AD3d 1271, 1272 [2005]). “ ‘The waiver [of indictment] procedure [set forth in CPL 195.20] is triggered by the defendant being held for [g]rand [j]ury action on charges contained in a felony complaint . . . and it is in reference to those charges that its availability must be measured’ ” (People v Trueluck,…
discussed Cited "see" People v. Bonner
N.Y. App. Div. · 2012 · signal: see · confidence high
Even assuming, arguendo, that those counts were not properly joinable pursuant to CPL 200.20 (2) (b), we nevertheless conclude that the offenses were properly joinable given that they “are defined by the same or similar statutory provisions and consequently are the same or similar in law” (CPL 200.20 [2] [c]; see People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 [2006], reconsideration denied 7 NY3d 868 [2006]).
discussed Cited "see" BONNER, HARRELL, PEOPLE v
N.Y. App. Div. · 2012 · signal: see · confidence high
Even assuming, arguendo, that those counts were not properly joinable pursuant to CPL 200.20 (2) (b), we nevertheless conclude that the offenses were properly joinable given that they “are defined by the same or similar statutory provisions and consequently are the same or similar in law” (CPL 200.20 [2] [c]; see People v June, 30 AD3d 1016, 1017 , lv denied 7 NY3d 813 , 868).
discussed Cited "see" People v. Chianese
N.Y. App. Div. · 2007 · signal: see · confidence high
We note at the outset that defendant’s contention survives the plea of guilty and defendant’s waiver of the right to appeal, which was knowing, intelligent and voluntary (see People v Gilbert, 17 AD3d 1164 [2005], lv denied 5 NY3d 762 [2005]), because it “relate[s] ... to jurisdictional matters” (People v Hansen, 95 NY2d 227, 230 [2000]; see People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 , 868 [2006]; People v Champion, 20 AD3d 772, 773-774 [2005]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael June
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Jun 9, 2006.
30 A.D.3d 1016
Cited by 24 opinions  |  Published

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered September 22, 2003. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty, in satisfaction of an indictment, of robbery in the second degree (Penal Law § 160.10 [2] [b]), and in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty to a superior court information (SCI) of two counts of robbery in the first degree (§160.15 [2]). Defendant validly waived his right to appeal in connection with both pleas, and those waivers encompass the majority of defendant’s contentions on appeal. We note in particular that Supreme Court imposed the bargained-for sentence in each matter, and that the waiver by defendant of the right to appeal encompasses his challenge to the severity of the sentences (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Williams, 27 AD3d 594 [2006]), i.e., his contention that the sentences should run concurrently. The waiver of the right to appeal also encompasses the contention that defendant should be afforded youthful offender status (see People v Nichols, 21 AD3d 1273, 1274-1275 [2005], lv denied 6 NY3d 757 [2005]). Similarly,[*1017] defendant’s challenge to the factual sufficiency of the plea allocution does not survive the waiver of the right to appeal (see People v Spivey, 9 AD3d 886 [2004], lv denied 3 NY3d 712 [2004]; People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998] ).

The further contention of defendant that there is a jurisdictional defect in the waiver of indictment and in the SCI survives his waiver of the right to appeal (see People v McClain, 24 AD3d 1271, 1272 [2005]; People v Harris, 267 AD2d 1008, 1009 [1999] ), but that contention is lacking in merit. Taking into account the obvious typographical error in the divestiture order of City Court, we note that the SCI properly contains an offense for which defendant was held for action of the grand jury (see generally People v Zanghi, 79 NY2d 815, 817 [1991]; People v Menchetti, 76 NY2d 473, 477 [1990]; People v Boston, 75 NY2d 585, 588 [1990]). The second offense listed in the SCI was properly joined to the offense for which defendant was held for action of the grand jury, inasmuch as the two offenses “are defined by the same or similar statutory provisions and consequently are the same or similar in law” (People v Clark, 24 AD3d 1225, 1226 [2005]; cf. McClain, 24 AD3d at 1272; see generally CPL 200.20 [2] [c]).

To the extent that the contention of defendant that he was denied effective assistance of counsel survives his guilty plea and his waiver of the right to appeal (see People v Fifield, 24 AD3d 1221, 1222 [2005], lv denied 6 NY3d 775 [2006]), that contention concerns matters outside the record on appeal, and defendant must proceed by way of a motion pursuant to CPL 440.10 (see People v Leno, 21 AD3d 1399, 1400 [2005], lv denied 5 NY3d 883 [2005]; People v Joyner, 19 AD3d 1129 [2005]). Finally, we reject the contention of defendant that he was entitled to review the presentence report prior to sentencing and on this appeal. The record establishes that defendant was represented by counsel and that the presentence report was reviewed by defense counsel (see CPL 390.50 [2] [a]; People v Vaughan, 20 AD3d 940, 942 [2005], lv denied 5 NY3d 857 [2005]). Present—Pigott, Jr., PJ., Hurlbutt, Kehoe, Smith and Green, JJ.