People v. Ivey, 79 A.D.3d 1531 (N.Y. App. Div. 2010). · Go Syfert
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People v. Ivey, 79 A.D.3d 1531 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Wood (nyappdiv, 2017-05-25)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Wood
N.Y. App. Div. · 2017 · confidence medium
Initially, defendant’s contentions that Supreme Court should have had him evaluated for inclusion in the judicial diversion program (see CPL art 216) and that the sentence imposed was harsh and excessive are foreclosed by the unchallenged appeal waiver, which—in any event—the record reflects was knowing, voluntary and intelligent (see People v Smith, 112 AD3d 1232 , 1232 [2013], lv denied 22 NY3d 1203 [2014]; People v Roche, 106 AD3d 1328, 1329 [2013]; People v Ivey, 79 AD3d 1531, 1531 [2010], lv denied 16 NY3d 859 [2011]; see generally People v Lopez, 6 NY3d 248, 255-256 [2006]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2013 · confidence medium
His valid appeal waiver precludes his claim that County Court should have granted him judicial diversion to a substance abuse treatment program (see People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]; see generally People v Lopez, 6 NY3d 248, 255 [2006]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2013 · confidence medium
His valid appeal waiver precludes his claim that County Court should have granted him judicial diversion to a substance abuse treatment program (see People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]; see generally People v Lopez, 6 NY3d 248, 255 [2006]).
discussed Cited as authority (rule) People v. Roche
N.Y. App. Div. · 2013 · confidence medium
Defendant’s valid appeal waiver bars his further claims that the sentence was harsh and excessive (s ee People v Griffin, 100 AD3d 1153 , 1154 [2012], lv denied 20 NY3d 1011 [2013]) and that County Court abused its discretion in refusing to have him evaluated for inclusion in the judicial diversion program (see CPL art 216; People v Buswell, 88 AD3d 1164, 1165 [2011]; People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]).
discussed Cited as authority (rule) People v. Roche
N.Y. App. Div. · 2013 · confidence medium
Defendant’s valid appeal waiver bars his further claims that the sentence was harsh and excessive (s ee People v Griffin, 100 AD3d 1153 , 1154 [2012], lv denied 20 NY3d 1011 [2013]) and that County Court abused its discretion in refusing to have him evaluated for inclusion in the judicial diversion program (see CPL art 216; People v Buswell, 88 AD3d 1164, 1165 [2011]; People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2012 · confidence medium
To the extent that defendant’s claim of ineffective assistance of counsel relates to the voluntariness of the plea and, therefore, survives his appeal waiver, it is similarly unpreserved for our review given defendant’s failure to move to withdraw his plea or vacate the judgment of conviction (see People v Tatum, 82 AD3d 1411, 1411 [2011], lv denied 17 NY3d 810 [2011]; People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2012 · confidence medium
To the extent that defendant’s claim of ineffective assistance of counsel relates to the voluntariness of the plea and, therefore, survives his appeal waiver, it is similarly unpreserved for our review given defendant’s failure to move to withdraw his plea or vacate the judgment of conviction (see People v Tatum, 82 AD3d 1411, 1411 [2011], lv denied 17 NY3d 810 [2011]; People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]).
discussed Cited as authority (rule) People v. Donovan
N.Y. App. Div. · 2012 · confidence medium
Finally, given that counsel negotiated a favorable plea agreement, which included a term of probation when defendant would otherwise have been facing the possibility of consecutive prison sentences, and defendant’s acknowledgment that she was satisfied with her representation, we find that defendant was afforded meaningful representation (see People v Ivey, 79 AD3d 1531, 1532 [2010], lv denied 16 NY3d 859 [2011]; People v Lopez, 74 AD3d 1498, 1499 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Warren Ivey, Also Known as B
Appellate Division of the Supreme Court of the State of New York.
Dec 30, 2010.
79 A.D.3d 1531
Mercure.
Cited by 8 opinions  |  Published
Mercure, J.P.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 9, 2009, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant was charged in an indictment with one count of[*1532] criminal sale of a controlled substance in the third degree. He pleaded guilty to the reduced charge of attempted criminal sale of a controlled substance in the third degree in full satisfaction of the indictment and an unindicted charge. His guilty plea included a waiver of the right to appeal. In consideration of his guilty plea, County Court agreed to sentence defendant to a determinate sentence of not more than five years in prison, with a two-year period of postrelease supervision, and also agreed not to sentence defendant as a persistent felony offender. County Court thereafter sentenced defendant as a second felony offender to a term of imprisonment of five years, to be followed by two years of postrelease supervision. Defendant now appeals.

We affirm. Defendant’s waiver of the right to appeal precludes his claim that he was denied the effective assistance of counsel, except insofar as the argument relates to the voluntariness of his plea (see People v Belle, 74 AD3d 1477, 1480 [2010]; People v Leigh, 71 AD3d 1288, 1288 [2010], lv denied 15 NY3d 775 [2010]). 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]). Moreover, reversal in the interest of justice is unwarranted inasmuch as the record reflects that defense counsel negotiated a favorable plea agreement and defendant had an opportunity to discuss the terms of the agreement with counsel and stated that he was satisfied with counsel’s representation. Finally, defendant’s waiver of the right to appeal precludes his remaining claims that County Court should have granted him judicial diversion to a substance abuse treatment program (see generally People v Lopez, 6 NY3d 248, 255 [2006]; People v Hansen, 95 NY2d 227, 230 [2000]) and that his sentence was harsh and excessive (see People v Board, 75 AD3d 833, 834 [2010]).

Malone Jr., Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.