People v. Glynn, 73 A.D.3d 1290 (N.Y. App. Div. 2010). · Go Syfert
People v. Glynn, 73 A.D.3d 1290 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Ramos (nyappdiv, 2016-01-28)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ramos
N.Y. App. Div. · 2016 · confidence medium
Moreover, except to the extent that these claims could be construed to have impacted upon the voluntariness of his plea, they are precluded by his valid appeal waiver (see People v Lopez, 6 NY3d at 256 ; People v Toback, 125 AD3d at 1061 ; People v Glynn, 73 AD3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Saylor
N.Y. App. Div. · 2015 · confidence medium
Defendant did not preserve these claims by making a postallocution motion (see People v Lord, 128 AD3d 1277, 1278 [2015]), and they are precluded by her unchallenged appeal waiver “except insofar as [they] could be construed to have impacted upon the voluntariness of [her] plea” (People v Glynn, 73 AD 3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Martin
N.Y. App. Div. · 2015 · confidence medium
Defendant’s argument that his guilty plea was not voluntary and that his allocution was not factually sufficient were not preserved for review in this Court by a postallocution motion to withdraw the plea (see People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Glynn, 73 AD3d 1290, 1291 [2010]; see also People v Tyrell, 22 NY3d 359, 363-364 [2013]).
discussed Cited as authority (rule) People v. Martin
N.Y. App. Div. · 2015 · confidence medium
Defendant’s argument that his guilty plea was not voluntary and that his allocution was not factually sufficient were not preserved for review in this Court by a postallocution motion to withdraw the plea (see People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Glynn, 73 AD3d 1290, 1291 [2010]; see also People v Tyrell, 22 NY3d 359, 363-364 [2013]).
discussed Cited as authority (rule) People v. Tole
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, the record reflects that defendant’s waiver of the right to appeal his convictions and sentences was knowing, intelligent and voluntary (see People v Henion, 110 AD3d 1349 , 1350 [2013], lv denied 22 NY3d 1088 [2014]; People v McCaskill, 76 AD3d 751 , 752 [2010]; People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Tole
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, the record reflects that defendant’s waiver of the right to appeal his convictions and sentences was knowing, intelligent and voluntary (see People v Henion, 110 AD3d 1349 , 1350 [2013], lv denied 22 NY3d 1088 [2014]; People v McCaskill, 76 AD3d 751 , 752 [2010]; People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2013 · confidence medium
Nor do we find that the deficiencies in the allocution are cured by defendant’s written appeal waiver, inasmuch as that document erroneously sets forth the purported consideration for the waiver 3 with no attempt to correct the inaccurate information or otherwise detail the correct terms (compare People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2013 · confidence medium
Nor do we find that the deficiencies in the allocution are cured by defendant’s written appeal waiver, inasmuch as that document erroneously sets forth the purported consideration for the waiver 3 with no attempt to correct the inaccurate information or otherwise detail the correct terms (compare People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Fallen
N.Y. App. Div. · 2013 · confidence medium
When viewed in that context, any reference to defendant’s waiver of his right to challenge the voluntariness of the plea merely emphasized “that the waiver was intended to be all encompassing,” and we find that defendant knowingly, intelligently and voluntarily waived his right to appeal from the judgment of conviction and sentence (People v Allen, 82 NY2d 761, 763 [1993]; see People v Ramos, 7 NY3d 737, 738 [2006]; People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Fallen
N.Y. App. Div. · 2013 · confidence medium
When viewed in that context, any reference to defendant’s waiver of his right to challenge the voluntariness of the plea merely emphasized “that the waiver was intended to be all encompassing,” and we find that defendant knowingly, intelligently and voluntarily waived his right to appeal from the judgment of conviction and sentence (People v Allen, 82 NY2d 761, 763 [1993]; see People v Ramos, 7 NY3d 737, 738 [2006]; People v Glynn, 73 AD3d 1290, 1290-1291 [2010]).
discussed Cited as authority (rule) People v. Benson
N.Y. App. Div. · 2012 · confidence medium
Moreover, the narrow exception to the preservation requirement is inapplicable here, as defendant did not make any statements during the course of the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (see People v Board, 75 AD3d 833, 833 [2010]; People v Glynn, 73 AD3d 1290, 1291 [2010] ).
discussed Cited as authority (rule) People v. Benson
N.Y. App. Div. · 2012 · confidence medium
Moreover, the narrow exception to the preservation requirement is inapplicable here, as defendant did not make any statements during the course of the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (see People v Board, 75 AD3d 833, 833 [2010]; People v Glynn, 73 AD3d 1290, 1291 [2010] ).
discussed Cited as authority (rule) People v. Irvis
N.Y. App. Div. · 2011 · confidence medium
Defendant’s claim that his counsel was ineffective and it impacted the voluntariness of his plea is also unpreserved for our review (see People v Benson, 87 AD3d at 1228 ; People v Glynn, 73 AD3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Burke
N.Y. App. Div. · 2011 · confidence medium
Defendant’s claim that his counsel was ineffective is also not preserved for our review (see People v Benson, 87 AD3d 1228, 1228 [2011]; People v Glynn, 73 AD3d 1290, 1291 [2010]) and, in any event, is not supported by the record.
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2011 · confidence medium
Defendant’s failure to move to withdraw his plea or vacate the judgment of conviction renders his challenge to the voluntariness and factual sufficiency of his plea unpreserved for our review (see People v Glynn, 73 AD3d 1290, 1291 [2010]; People v Johnson, 54 AD3d 1133, 1133 [2008]).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2011 · confidence medium
Contrary to defendant’s assertion, the narrow exception to the preservation requirement was not triggered here, as defendant did not make any statements during the allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (see People v Board, 75 AD3d 833, 833 [2010]; People v Glynn, 73 AD3d 1290, 1291 [2010]; People v Campbell, 66 AD3d 1059, 1060 [2009]).
discussed Cited as authority (rule) People v. McFarren
N.Y. App. Div. · 2011 · confidence medium
Defendant’s claim that he was deprived of the effective assistance of counsel by counsel’s failure to request a CPL article 730 competency hearing, although not precluded by his appeal waiver as it relates to the voluntariness of his plea, is similarly unpreserved for our review due to his failure to move to withdraw his plea or vacate the judgment of conviction (see People v Glynn, 73 AD3d 1290, 1291 [2010]; People v Dobrouch, 59 AD3d 781, 781 [2009], lv denied 12 NY3d 853 [2009]).
discussed Cited as authority (rule) People v. Miller
N.Y. App. Div. · 2011 · confidence medium
Defendant’s challenge to the voluntariness of his plea was not preserved since he did not move to withdraw the plea or vacate the judgment of conviction (see People v Glynn, 73 AD3d 1290, 1291 [2010]; People v Lopez, 52 AD3d 852, 852-853 [2008]).
discussed Cited as authority (rule) People v. Caldwell
N.Y. App. Div. · 2011 · confidence medium
Defendant’s responses to County Court’s questioning were sufficient to establish the elements of the crime charged (see People v Glynn, 73 AD3d 1290, 1291 [2010]; People v Corbett, 52 AD3d 1023, 1024 [2008]).
discussed Cited as authority (rule) People v. Ivey
N.Y. App. Div. · 2010 · confidence medium
To that extent, the issue is unpreserved for our review in light of defendant’s failure to move to withdraw his plea or vacate the judgment of conviction (see People v Singh, 73 AD3d 1384, 1384-1385 [2010], lv denied 15 NY3d 809 [2010]; People v Glynn, 73 AD3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Martinez
N.Y. App. Div. · 2010 · confidence medium
We disagree with the contention that the issue is reviewable under the narrow exception to the preservation rule (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Glynn, 73 AD3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Amidon
N.Y. App. Div. · 2010 · confidence medium
Defendant affirmatively denied any impairment and nothing in the record casts doubt upon his understanding (see People v Glynn, 73 AD3d 1290, 1290-1291 [2010]; People v Gomez, 72 AD3d at 1338 ; People v Perry, 50 AD3d 1244, 1245 [2008], lv denied 10 NY3d 963 [2008]).
discussed Cited as authority (rule) People v. Bolden
N.Y. App. Div. · 2010 · confidence medium
Turning to defendant’s arguments, his failure to move to withdraw his plea or vacate the judgment of conviction renders defendant’s challenges to the voluntariness of the plea or the factual sufficiency of his plea allocution unpreserved for our review (see People v Glynn, 73 AD3d 1290, 1291 [2010]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2010 · confidence medium
While a valid waiver of the right to appeal precludes a defendant from raising such a claim (see People v Singh, 73 AD3d 1384, 1385 [2010]; People v Glynn, 73 AD3d 1290, 1292 [2010]), we do not find that the waiver made by defendant here was valid.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Matthew J. Glynn
Appellate Division of the Supreme Court of the State of New York.
May 13, 2010.
73 A.D.3d 1290
Peters.
Cited by 24 opinions  |  Published
Peters, J.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered January 29, 2009, convicting defendant upon his plea of guilty of the crime of attempted criminal sexual act in the first degree.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with attempted criminal sexual act in the first degree. He subsequently pleaded guilty to this charge, waived his right to appeal and was sentenced to six years in prison to be followed by 10 years of postrelease supervision. Defendant appeals, and we affirm.

Defendant’s waiver of appeal is valid. While County Court should not have “lump[ed] that right into the panoply of trial rights automatically forfeited upon pleading guilty” during the plea colloquy (People v Lopez, 6 NY3d 248, 257 [2006]), defendant executed a detailed written waiver that adequately described the scope of the appellate rights waived, acknowledged that he had been advised by counsel of his right to appeal, and confirmed that he was intentionally waiving those rights after having been given sufficient time to discuss the consequences of the waiver with counsel. The written appeal waiver initially listed a period of postrelease supervision that differed from that included within the terms of the plea agreement, but defense counsel advised the Péople of the error prior to the plea colloquy, the correct term of postrelease supervision was recited up front as one of the plea terms, and the written waiver was corrected during the allocution. Defendant then confirmed that counsel had explained to him the significance and consequences of the waiver and that he understood what it meant. Under these circumstances, the record as a whole establishes that de[*1291] fendant knowingly, intelligently and voluntarily waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Gilmour, 61 AD3d 1122, 1123 [2009], lv denied 12 NY3d 925 [2009]; People v Ramirez, 42 AD3d 671, 671-672 [2007]).

Defendant’s challenges to the voluntariness and factual sufficiency of his guilty plea are not preserved for our review given his failure to move to withdraw the plea or vacate the judgment of conviction (see People v Smith, 57 AD3d 1237, 1237 [2008]; People v Phillips, 28 AD3d 939, 939 [2006], lv denied 7 NY3d 761 [2006]). Inasmuch as defendant did not make any statements during the plea allocution that cast doubt on his guilt or otherwise called into question the voluntariness of his plea, the narrow exception to the preservation rule is not applicable (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Smith, 57 AD3d at 1237). In any event, despite defendant’s contentions to the contrary, he verbally confirmed during the plea allocution that he was not on any medication or drugs that impaired his ability to comprehend the proceedings, and it was not necessary for him to personally recite either the elements or the underlying facts of the crime (see People v Smith, 57 AD3d at 1237; People v Williams, 35 AD3d 971, 972 [2006], lv denied 8 NY3d 928 [2007]; People v Bagley, 34 AD3d 992, 993 [2006], lv denied 8 NY3d 878 [2007]).

Defendant’s assertion that he was denied the effective assistance of counsel “is precluded by his valid appeal waiver except insofar as the alleged ineffectiveness could be construed to have impacted upon the voluntariness of his plea and, to that extent, the absence of a motion to withdraw the plea or vacate the judgment of conviction renders the matter unpreserved” (People v Crudup, 45 AD3d 1111, 1111 [2007]; accord People v Jeske, 55 AD3d 1057, 1058 [2008], lv denied 11 NY3d 898 [2008]; see People v Scitz, 67 AD3d 1251, 1251-1252 [2009]). Were we to reach the issue, we would find that neither counsel’s failure to challenge the voluntariness of statements made by defendant to police nor his failure to move to withdraw the plea on the basis of defendant’s claims of innocence contained in the presentence report rendered his representation less than meaningful. Defendant failed to protest his innocence at sentencing when given the opportunity to address County Court and, given the favorable plea bargain negotiated by counsel that significantly reduced his sentencing exposure, we are satisfied that defendant was afforded meaningful representation (see People v Pat-node, 60 AD3d 1109, 1110-1111 [2009]; People v Jeske, 55 AD3d at 1058; People v White, 52 AD3d 950, 951 [2008], lv denied 11 NY3d 742 [2008]).

[*1292] Finally, defendant’s claim that his sentence is harsh and excessive is precluded by his valid appeal waiver (see People v Lopez, 6 NY3d at 255-257; People v Thomas, 71 AD3d 1231, 1233 [2010]).

Mercure, J.P., Rose, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.