People v. Jackson, 48 A.D.3d 885 (N.Y. App. Div. 2008). · Go Syfert
People v. Jackson, 48 A.D.3d 885 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Carota
N.Y. App. Div. · 2025 · confidence medium
Contrary to defendant's contentions, "considering all the relevant facts and circumstances surrounding the waiver, including the nature and terms of the agreement and the age, experience and background of the accused" ( People v Seaberg , 74 NY2d 1, 11 [1989]), we do not find that County Court's later brief misstatement regarding the scope of defendant's appellate rights, which occurred after he executed the appeal waiver, was so misleading as to invalidate defendant's appeal waiver ( see People v Jackson , 48 AD3d 885, 885-886 [3d Dept 2008], lv denied 10 NY3d 960 [2008]).
discussed Cited as authority (rule) People v. Marshall
N.Y. App. Div. · 2013 · confidence medium
Defendant indicated that she understood that she was agreeing to waive this right as a part of the negotiated plea agreement and she executed a written waiver (see People v Baliraj, 101 AD3d 1175 , 1176 [2012], lv denied 21 NY3d 941 [2013]; People v Jackson, 48 AD3d 885, 885 [2008], lv denied 10 NY3d 960 [2008]).
discussed Cited as authority (rule) People v. Marshall
N.Y. App. Div. · 2013 · confidence medium
Defendant indicated that she understood that she was agreeing to waive this right as a part of the negotiated plea agreement and she executed a written waiver (see People v Baliraj, 101 AD3d 1175 , 1176 [2012], lv denied 21 NY3d 941 [2013]; People v Jackson, 48 AD3d 885, 885 [2008], lv denied 10 NY3d 960 [2008]).
discussed Cited as authority (rule) People v. Getter
N.Y. App. Div. · 2008 · confidence medium
The record shows that County Court adequately explained that the right to appeal was a separate and distinct right from the trial rights automatically forfeited as a part of the plea agreement (see People v Lopez, 6 NY3d 248, 257 [2006]; People v Jackson, 48 AD3d 885, 885 [2008]).
discussed Cited "see" People v. Dishaw
N.Y. App. Div. · 2011 · signal: accord · confidence high
The record reflects that County Court explained the nature of the right being waived “without lumping that right into the panoply , of trial rights automatically forfeited upon pleading guilty” (People v Lopez, 6 NY3d 248, 257 [2006]; accord People v Jackson, 48 AD3d 885, 885 [2008], lv denied 10 NY3d 960 [2008]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Hosea Jackson
Appellate Division of the Supreme Court of the State of New York.
Feb 21, 2008.
48 A.D.3d 885
Cardona.
Cited by 5 opinions  |  Published
Cardona, P.J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered July 12, 2006, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree and peijury in the first degree.

In satisfaction of two separate indictments, defendant pleaded guilty to one count of burglary in the second degree and one count of peijury in the first degree. He executed oral and written waivers of his right to appeal and was thereafter sentenced in accordance with the plea agreement.

Defendant now contends that his appeal waiver was not knowing, intelligent and voluntary. However, the record of County Court’s colloquy reveals that the court adequately explained to defendant that he was waiving his right to appeal and described the nature of that right “without lumping [it] into the panoply of trial rights automatically forfeited upon pleading guilty” (People v Lopez, 6 NY3d 248, 257 [2006]; see People v Romano, 45 AD3d 910, 914 [2007]). Defendant unequivocally stated that he understood the nature of the right and agreed to waive it. This understanding was reiterated in the written waiver executed by defendant in open court (see People v Ramos, 7 NY3d 737, 738 [2006]). Moreover, “considering all the relevant facts and circumstances surrounding the waiver, including the nature[*886] and terms of the agreement and the age, experience and background of the accused” (People v Seaberg, 74 NY2d 1, 11 [1989]), we do not agree with defendant’s claim that statements made by County Court at sentencing after execution of the written waiver were so misleading as to invalidate defendant’s voluntary appeal waiver.

Finally, defendant’s valid appeal waiver precludes his remaining arguments challenging County Court’s suppression rulings (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Mendez, 45 AD3d 1109, 1110 [2007]; People v Scott, 31 AD3d 816, 817 [2006]).

Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.