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Top citers, strongest first. 14 distinct citers.
How cited ↗
cited
Cited as authority (rule)
People v. Figueroa
To the extent that the contention survives defendant's guilty plea ( see generally People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [4th Dept 2009], lv denied 13 NY3d 862 [2009]), we reject it.
discussed
Cited as authority (rule)
People v. Scott
Further, although defendant’s valid waiver of the right to appeal does not encompass his challenge to the severity of the sentence because he entered the waiver before he was advised of the maximum sentence he could receive (see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]), we nevertheless reject that challenge.
discussed
Cited as authority (rule)
People v. Scott
Further, although defendant’s valid waiver of the right to appeal does not encompass his challenge to the severity of the sentence because he entered the waiver before he was advised of the maximum sentence he could receive (see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]), we nevertheless reject that challenge.
discussed
Cited "see"
COTTON, MELISSA, PEOPLE v
Finally, defendant’s contention that she was denied effective -2- 818 KA 13-00865 assistance of counsel does not survive her plea or her valid waiver of the right to appeal inasmuch as defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [her] attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 , lv denied 13 NY3d 912 ; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 , lv denied 13 NY3d 862 ).
discussed
Cited "see"
People v. Cotton
Finally, defendant’s contention that she was denied effective assistance of counsel does not survive her plea or her valid waiver of the right to appeal inasmuch as defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [her] attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
People v. Cotton
Finally, defendant’s contention that she was denied effective assistance of counsel does not survive her plea or her valid waiver of the right to appeal inasmuch as defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [her] attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
People v. Rumsey
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because he “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
RUMSEY, JEFFREY, PEOPLE v
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because he “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 , lv denied 13 NY3d 912 ; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 , lv denied 13 NY3d 862 ).
discussed
Cited "see"
People v. Rumsey
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because he “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
People v. Dewiel
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
DEWIEL, TIMOTHY, PEOPLE v
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 , lv denied 13 NY3d 912 ; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 , lv denied 13 NY3d 862 ).
discussed
Cited "see"
People v. Dewiel
Defendant’s contention that he was denied effective assistance of counsel does not survive his plea or his valid waiver of the right to appeal because defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334, 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180, 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
People v. Knoxsah
Defendant’s contention that she was denied effective assistance of counsel does not survive her plea or her valid waiver of the right to appeal because defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [her] attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334 [2009], lv denied 13 NY3d 912 [2009]; see People v Rizek [appeal No. 1], 64 AD3d 1180 [2009], lv denied 13 NY3d 862 [2009]).
discussed
Cited "see"
KNOXSAH, ALEXA R., PEOPLE v
Defendant’s contention that she was denied effective assistance of counsel does not survive her plea or her valid waiver of the right to appeal because defendant “failed to demonstrate that ‘the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [her] attorney[’s] allegedly poor performance’ ” (People v Wright, 66 AD3d 1334 , lv denied 13 NY3d 912 ; see People v Rizek [appeal No. 1], 64 AD3d 1180 , lv denied 13 NY3d 862 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ricky Rizek
v.
Ricky Rizek
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Jul 2, 2009.
Cited by 21 opinions | Published
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered July 24, 2006. The judgment convicted[*1181] defendant, upon his plea of guilty, of robbery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Same memorandum as in People v Rizek (64 AD3d 1180 [2009]). Present—Scudder, PJ., Smith, Centra, Peradotto and Green, JJ.