People v. Bodah, 67 A.D.3d 1195 (N.Y. App. Div. 2009). · Go Syfert
People v. Bodah, 67 A.D.3d 1195 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Jones (nyappdiv, 2026-03-05)
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2026 · confidence medium
Having had the opportunity to see and evaluate the witnesses, County Court's credibility determinations are entitled to great deference by this Court ( see People v Miller , 199 AD3d 1058, 1060 [3d Dept 2021], lv denied 37 NY3d 1147 [2021]; People v Bodah , 67 AD3d 1195, 1196 [3d Dept 2009], lv denied 14 NY3d 838 [2010]), and we find no reason or rationale to disturb those credibility determinations.
discussed Cited as authority (rule) People v. Miller
N.Y. App. Div. · 2021 · confidence medium
Upon review of the evidence and according deference to County Court's credibility determinations ( see People v Bodah , 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]), we agree with County Court that, upon accounting for periods of excludable delay, the People declared readiness for trial within the statutorily-prescribed six-month period ( see CPL 30.30 [1] [a]).
discussed Cited as authority (rule) People v. Ayala
N.Y. App. Div. · 2021 · confidence medium
In contrast, counsel testified that he had discussed a justification defense with defendant several times "because it went to the heart of his case" but that, based upon the facts of the case, he was of the opinion that it would have been a "difficult defense." As Supreme Court found counsel's testimony to be credible, and "[s]uch credibility assessments are entitled to great deference on appeal," we find that counsel discussed a potential justification defense with defendant prior to his plea ( People v Bodah , 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]; see People v Perry , 174 …
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2017 · confidence medium
Noting that defendant’s testimony contradicted, in part, his sworn affidavit, and deferring to County Court’s credibility determinations (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]), we find that defendant was afforded meaningful representation (see People v Dickson-Eason, 143 AD3d at 1014-1015 ).
discussed Cited as authority (rule) People v. Days
N.Y. App. Div. · 2017 · confidence medium
The court was entitled to resolve matters of credibility in favor of defense counsel and against defendant (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]), and to conclude, based upon defense counsel’s testimony, that defendant was provided accurate advice (see People v Darden, 57 AD3d 1522 , 1523 [2008], lv denied 12 NY3d 815 [2009]).
discussed Cited as authority (rule) People v. Beckingham
N.Y. App. Div. · 2015 · confidence medium
The conflicting testimony presented an issue of credibility for County Court to resolve, which assessment is “entitled to great deference on appeal” (People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010] [internal quotation marks and citation omitted]; accord People v VanDeusen, 129 AD3d 1325, 1327 [2015], lv denied 26 NY3d 972 [2015]).
discussed Cited as authority (rule) People v. McLean
N.Y. App. Div. · 2013 · confidence medium
While generally this Court defers to the trial court’s credibility determinations (see People v Fournier, 77 AD3d 1201, 1202 [2010]; People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]), here, County Court credited the testimonies of both Kouray and Sims, notwithstanding the fact that they are inconsistent regarding the nature of the police inquiry into Kouray’s representation of defendant.
discussed Cited as authority (rule) People v. McLean
N.Y. App. Div. · 2013 · confidence medium
While generally this Court defers to the trial court’s credibility determinations (see People v Fournier, 77 AD3d 1201, 1202 [2010]; People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]), here, County Court credited the testimonies of both Kouray and Sims, notwithstanding the fact that they are inconsistent regarding the nature of the police inquiry into Kouray’s representation of defendant.
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2012 · confidence medium
Nonetheless, defendant’s claim that her counsel improperly failed to pursue or advise her of all available affirmative defenses is based on facts outside the record and, thus, such a claim is not generally reviewable on direct appeal (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2012 · confidence medium
Nonetheless, defendant’s claim that her counsel improperly failed to pursue or advise her of all available affirmative defenses is based on facts outside the record and, thus, such a claim is not generally reviewable on direct appeal (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Carty
N.Y. App. Div. · 2012 · confidence medium
We also defer to County Court’s decision, after observing defendant’s testimony, 5 to credit Scanlon’s account that he had no reason to question defendant’s citizenship (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Carty
N.Y. App. Div. · 2012 · confidence medium
We also defer to County Court’s decision, after observing defendant’s testimony, 5 to credit Scanlon’s account that he had no reason to question defendant’s citizenship (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Glasgow
N.Y. App. Div. · 2012 · confidence medium
In denying defendant’s motion, County Court expressly credited counsel’s testimony — which contradicted that of defendant — that he would not have told defendant that he would not be deported as a result of the subject guilty plea, and we accord great deference to that credibility assessment (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Glasgow
N.Y. App. Div. · 2012 · confidence medium
In denying defendant’s motion, County Court expressly credited counsel’s testimony — which contradicted that of defendant — that he would not have told defendant that he would not be deported as a result of the subject guilty plea, and we accord great deference to that credibility assessment (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
discussed Cited as authority (rule) People v. Rivera
N.Y. App. Div. · 2010 · confidence medium
Defendant additionally concedes that his claim involves facts outside the record and, as such, it is more properly the subject of a CPL article 440 motion (see People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]; People v Scitz, 67 AD3d 1251, 1252 [2009]).
discussed Cited "see" People v. Blackman
N.Y. App. Div. · 2018 · signal: see · confidence high
The question of whether defendant's assertions were credible should have been resolved after a hearing, "where credibility could have been assessed on a more substantial basis than on a written statement" ( People v Lou , 95 AD3d 1035, 1036 [2012], lv denied 19 NY3d 1027 [2012]; accord People v Daniels , 48 AD2d 905, 906 [1975]; see generally People v Bodah , 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]; People v Holdridge , 128 AD2d 1000, 1001 [1987], lv denied 70 NY2d 648 [1987]).
discussed Cited "see" People v. VanDeusen
N.Y. App. Div. · 2015 · signal: accord · confidence high
County Court credited the testimony of defense counsel over conflicting proof, an assessment that is “entitled to great deference on appeal,” and we find that its decision to do so is supported by the record (People v Britton, 49 AD3d 893, 894 [2008], lv denied 10 NY3d 956 [2008]; accord People v Bodah, 67 AD3d 1195, 1196 [2009], lv denied 14 NY3d 838 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael W. Bodah
Appellate Division of the Supreme Court of the State of New York.
Nov 19, 2009.
67 A.D.3d 1195
Garry.
Cited by 17 opinions  |  Published
Garry, J.

Appeals (1) from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered June 18, 2007, convicting defendant upon his plea of guilty of the crime of murder in the second degree, and (2) by permission, from an order of said court, entered May 12, 2008, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, after a hearing.

In April 2007, defendant pleaded guilty to second degree murder for having intentionally caused the death of his estranged wife. He waived his right to appeal. In accord with the terms of his plea agreement, he was sentenced to a prison term of 20 years to life. County Court issued orders of protection against him in favor of the victim’s two children.

Defendant subsequently moved to vacate the judgment, claiming that he received ineffective assistance from both the attorney who represented him at the time of his plea and another attorney who represented him at sentencing. County Court denied the motion after a hearing at which defendant and both attorneys testified. Defendant now appeals as of right from the judgment of conviction and by leave from the denial of his application for postconviction relief. He contends that neither his[*1196] plea nor his waiver of the right to appeal were knowing and voluntary because his plea counsel allegedly provided ineffective assistance by misinforming him of the sentences he might face under various potential dispositions of his case. He further contends that neither counsel during plea negotiations or prior to sentencing provided County Court or the prosecution with a psychological evaluation report that concluded that he was suffering from extreme emotional disturbance when he killed his wife.*

Initially, contrary to defendant’s claim, his waiver of the right to appeal was valid and enforceable because the plea colloquy and the written waiver demonstrate that he “knowingly, intelligently and voluntarily waived his right to appeal” (People v Ramos, 7 NY3d 737, 738 [2006]; see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Meacham, 63 AD3d 1371, 1371 [2009]). Despite the valid waiver, his ineffective assistance claims are reviewable because the errors of counsel allegedly affected the voluntariness of defendant’s plea (see People v Gilmour, 61 AD3d 1122, 1124 [2009], lv denied 12 NY3d 925 [2009]; People v Hall, 16 AD3d 848, 849 [2005], lv denied 4 NY3d 887 [2005]). However, as they are based on facts outside the record, these claims are incapable of review on direct appeal from the judgment and may be reviewed only in the context of County Court’s denial of defendant’s postconviction application (see People v Borom, 55 AD3d 1041, 1042 [2008]; People v Corbett, 52 AD3d 1023, 1024 [2008]).

At the hearing on defendant’s postconviction motion, his counsel testified that he accurately informed defendant of the potential sentences he might receive if convicted of first degree manslaughter or second degree murder. Counsel also testified that he discussed the potential affirmative defense of extreme emotional disturbance with defendant, but that defendant nonetheless elected to plead guilty to the murder charge. To the extent that defendant’s testimony contradicted that of his counsel, it created a credibility issue for County Court to resolve (see People v Serna, 186 AD2d 836, 837 [1992]). Such credibility assessments are “entitled to great deference on appeal” (People v Britton, 49 AD3d 893, 894 [2008], lv denied 10 NY3d 956 [2008]), and we find that the court’s determination is well supported by the analysis of the conflicting testimony set forth in the decision. As the court further found, the record of defendant’s plea shows that he unequivocally accepted responsibility for his actions, acknowledged that he had discussed the plea[*1197] with counsel and understood its consequences, and stated that he was entering his plea voluntarily.

Finally, defendant did not show that the failure of counsel to provide the psychological evaluation report constituted ineffective assistance. When defendant entered his plea, County Court had already committed to the sentence it later imposed, and it is clear from the plea minutes that the court did not have the report at that time. Significantly, defendant testified at the posttrial hearing that he understood that the reason his counsel referred to the report during the plea proceeding was not to mitigate or otherwise affect the already bargained-for sentence, but to place the report on the record so as to allow for its use in therapy during his incarceration, and he confirmed that he had given a copy of the report to his prison therapist. Thus, we find that the court did not abuse its discretion in concluding that defendant’s plea was knowingly and voluntarily entered.

Cardona, P.J., Mercure, Spain and Kavanagh, JJ., concur. Ordered that the judgment and order are affirmed.

Defendant’s brief also included challenges to the validity of the orders of protection, but those claims were withdrawn at the time of oral argument.