green
Positive treatment
Issue: voluntariness waiverNY ↗
Issue: undisputed evidence hearingNY ↗
20.3 score
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Matter of Anonymous
Applicant's conduct in this regard demonstrates, at best, a neglect of his financial responsibilities and, at worst, a lack of respect for an extant court order ( see Matter of Anonymous , 166 AD3d 1468 , 1468-1469 [3d Dept 2018]; Matter of Anonymous , 61 AD3d 1214, 1214 [3d Dept 2009]; Matter of Anonymous , 11 AD3d 877, 877-878 [3d Dept 2004]).
discussed
Cited as authority (rule)
People v. Shanks
To begin, "a defendant may waive his or her right to appeal from a jury verdict" ( People v Leflore , 154 AD3d 1164, 1164 [2017], lv denied 30 NY3d 1106 [2018]; see People v Holman , 89 NY2d 876, 878 [1996]; People v Seaberg , 74 NY2d 1, 6-7 [1989]; People v Cipriani , 61 AD3d 1214, 1215 [2009], lv denied 13 NY3d 795 [2009]).
discussed
Cited as authority (rule)
People v. Leflore
Further, the court did not explain the nature of the appellate process or defendant’s appeal rights, and merely elicited that defendant had discussed “this matter” with counsel (compare id.; People v Cipriani, 61 AD3d 1214, 1216 [2009], lv denied 13 NY3d 795 [2009]).
discussed
Cited as authority (rule)
People v. Brooks
Defendant’s assertion that he was denied the effective assistance of counsel does not implicate the voluntariness of his plea and, therefore, is foreclosed by his valid waiver of the right to appeal (see People v Jean-Francois, 82 AD3d 1366, 1367 [2011], lv denied 17 NY3d 797 [2011]; People v Morales, 68 AD3d 1356, 1357 [2009], lv denied 14 NY3d 803 [2010]; People v Cipriani, 61 AD3d 1214, 1216 [2009], lv denied 13 NY3d 795 [2009]).
discussed
Cited as authority (rule)
People v. Brooks
Defendant’s assertion that he was denied the effective assistance of counsel does not implicate the voluntariness of his plea and, therefore, is foreclosed by his valid waiver of the right to appeal (see People v Jean-Francois, 82 AD3d 1366, 1367 [2011], lv denied 17 NY3d 797 [2011]; People v Morales, 68 AD3d 1356, 1357 [2009], lv denied 14 NY3d 803 [2010]; People v Cipriani, 61 AD3d 1214, 1216 [2009], lv denied 13 NY3d 795 [2009]).
discussed
Cited as authority (rule)
People v. Wolz
Initially, upon review of the record, we find that, contrary to defendant’s contentions, his guilty plea and appeal waivers were knowingly, voluntarily and intelligently entered (see People v Brown, 14 NY3d 113, 116 [2010]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Morales, 68 AD3d 1356, 1356-1357 [2009], lv denied 14 NY3d 803 [2010] [waived appeal as to both a jury verdict and an unrelated plea as part of one negotiated deal]; People v Cipriani, 61 AD3d 1214, 1215 [2009], lv denied 13 NY3d 795 [2009] [same]).
discussed
Cited as authority (rule)
People v. Wolz
Initially, upon review of the record, we find that, contrary to defendant’s contentions, his guilty plea and appeal waivers were knowingly, voluntarily and intelligently entered (see People v Brown, 14 NY3d 113, 116 [2010]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Morales, 68 AD3d 1356, 1356-1357 [2009], lv denied 14 NY3d 803 [2010] [waived appeal as to both a jury verdict and an unrelated plea as part of one negotiated deal]; People v Cipriani, 61 AD3d 1214, 1215 [2009], lv denied 13 NY3d 795 [2009] [same]).
discussed
Cited as authority (rule)
People v. Whitted
Accordingly, this Court will not review his claim that he was deprived of the effective assistance of counsel, except to the extent that the alleged ineffective assistance may have impacted the voluntariness of his waiver agreement (see People v Morales, 68 AD3d 1356 [2009]; People v Cipriani, 61 AD3d 1214, 1215 [2009]).
discussed
Cited as authority (rule)
People v. Morales
Finally, defendant’s claim that he was denied the effective assistance of counsel involves claims regarding counsel’s conduct during the trial and does not implicate the voluntariness of defendant’s decision to enter a guilty plea or waive his right to appeal and, therefore, this claim is also foreclosed (see People v Cipriani, 61 AD3d at 1216).
discussed
Cited "see"
In Re Gw
See In re Anonymous, 61 A.D.3d 1214 , 875 N.Y.S.2d 925 (2009) (denying the applicant's petition for admission where the applicant had $430,000 in delinquent student loans, disbursed over a twenty-year period, had been inflexible in dealing with his lenders, and had never made any substantial payments), appeal dismissed, 14 N.Y.3d 763 , 898 N.Y.S.2d 89 , 925 N.E.2d 94 (2010); In re Application of *200 Kline, 116 Ohio St.3d 185 , 877 N.E.2d 654 , 655 (2007) (disapproving applicant's admission where applicant had demonstrated pattern of leaving jobs due to "personal dissatisfaction" with the requ…
Retrieving the full opinion text from the archive…
In the Matter of Anonymous, an Applicant for Admission to the Bar
Appellate Division of the Supreme Court of the State of New York.
Apr 16, 2009.
Fer.
Cited by 4 opinions | Published
Fer Curiam.
Applicant passed the February 2008 New York State bar exam and the State Board of Law Examiners certified him for admission to this Court (see 22 NYCRR 520.7). The Committee on Character and Fitness has completed its investigation of his application for admission, including an interview of applicant (see 22 NYCRR 805.1).
Applicant has disclosed various student loans with balances now totaling about $430,000. He has stated that the loans are currently delinquent but professes good faith intentions to pay them. He has attributed his nonpayment to the downturn in the economy and bad faith negotiations on the part of some of the loan servicers. Our review of the application indicates that the disbursement dates of the loans cover a 20-year period, from as early as 1985. Applicant has not made any substantial payments on the loans. He has not been flexible in his discussions with the loan servicers. Under all the circumstances herein, we conclude that applicant has not presently established the character and general fitness requisite for an attorney and counselor-at-law (see Judiciary Law § 90 [1] [a]).
Cardona, EJ., Spain, Malone Jr., Kavanagh and McCarthy, JJ., concur. Ordered that this application for admission is denied.