People v. Speranza, 96 A.D.3d 1164 (N.Y. App. Div. 2012). · Go Syfert
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People v. Speranza, 96 A.D.3d 1164 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Toledo
N.Y. App. Div. · 2016 · confidence medium
Moreover, his statutory speedy trial claim does not implicate the voluntariness of his plea and therefore does not survive his appeal waiver, and it was forfeited by his guilty plea (see People v Archie, 116 AD3d 1165, 1165 [2014]; People v Slingerland, 101 AD3d 1265 , 1267 [2012], lv denied 20 NY3d 1104 [2013]; People v Speranza, 96 AD3d 1164, 1165 [2012]).
discussed Cited as authority (rule) People v. Archie
N.Y. App. Div. · 2014 · confidence medium
Defendant also argues that his counsel’s failure to raise the issue amounts to ineffective assistance, but we cannot entertain this argument because he failed to make an appropriate postal-locution motion and the alleged failure of counsel is not related to the voluntariness of his plea (see People v Speranza, 96 AD3d 1164, 1165 [2012]; People v Golgoski, 43 AD3d 551, 552 [2007]).
discussed Cited as authority (rule) People v. Archie
N.Y. App. Div. · 2014 · confidence medium
Defendant also argues that his counsel’s failure to raise the issue amounts to ineffective assistance, but we cannot entertain this argument because he failed to make an appropriate postal-locution motion and the alleged failure of counsel is not related to the voluntariness of his plea (see People v Speranza, 96 AD3d 1164, 1165 [2012]; People v Golgoski, 43 AD3d 551, 552 [2007]).
discussed Cited as authority (rule) People v. Lucieer
N.Y. App. Div. · 2013 · confidence medium
The contention of defendant in appeal No. 1 that he was denied effective assistance of counsel because his attorney failed to pursue an allegedly meritorious speedy trial motion does not survive his plea and 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 [defense counsel’s] allegedly poor performance” (People v Paduano, 84 AD3d 1730, 1731 [2011] [internal quotation marks omitted]; see People v Slingerland, 101 AD3d 1265 , …
discussed Cited as authority (rule) People v. Lucieer
N.Y. App. Div. · 2013 · confidence medium
The contention of defendant in appeal No. 1 that he was denied effective assistance of counsel because his attorney failed to pursue an allegedly meritorious speedy trial motion does not survive his plea and 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 [defense counsel’s] allegedly poor performance” (People v Paduano, 84 AD3d 1730, 1731 [2011] [internal quotation marks omitted]; see People v Slingerland, 101 AD3d 1265 , …
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2013 · confidence medium
Although defendant waived his right to appeal as part of the plea, he contends that ineffective assistance of counsel impacted the voluntariness of his plea and, as such, the issue survives his waiver (see People v Speranza, 96 AD3d 1164, 1165 [2012]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2013 · confidence medium
Although defendant waived his right to appeal as part of the plea, he contends that ineffective assistance of counsel impacted the voluntariness of his plea and, as such, the issue survives his waiver (see People v Speranza, 96 AD3d 1164, 1165 [2012]).
discussed Cited as authority (rule) People v. Carbone
N.Y. App. Div. · 2012 · confidence medium
Here, defendant’s motion primarily centered around a claim of ineffective assistance of counsel — an argument that survives defendant’s valid appeal waiver only to the extent that it impacts upon the voluntariness of his plea (see People v Speranza, 96 AD3d 1164, 1165 [2012]; People v Jimenez, 96 AD3d 1109, 1110 [2012]).
discussed Cited as authority (rule) People v. Carbone
N.Y. App. Div. · 2012 · confidence medium
Here, defendant’s motion primarily centered around a claim of ineffective assistance of counsel — an argument that survives defendant’s valid appeal waiver only to the extent that it impacts upon the voluntariness of his plea (see People v Speranza, 96 AD3d 1164, 1165 [2012]; People v Jimenez, 96 AD3d 1109, 1110 [2012]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
Defendant’s claims that he was ineffectively represented by counsel do not implicate the voluntariness of his guilty plea and, thus, are precluded by his valid waiver of appeal (see People v Speranza, 96 AD3d 1164, 1165 [2012]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
Defendant’s claims that he was ineffectively represented by counsel do not implicate the voluntariness of his guilty plea and, thus, are precluded by his valid waiver of appeal (see People v Speranza, 96 AD3d 1164, 1165 [2012]).
discussed Cited "see, e.g." People v. Works
N.Y. App. Div. · 2022 · signal: see also · confidence medium
That contention, however, does not survive defendant's guilty plea inasmuch as defendant does not contend " 'that the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of [defense counsel's] allegedly poor performance' " ( People v Lucieer , 107 AD3d 1611, 1612 [4th Dept 2013]; see People v Brinson , 151 AD3d 1726 , 1726 [4th Dept 2017], lv denied 29 NY3d 1124 [2017]; see also People v Speranza , 96 AD3d 1164, 1165 [3d Dept 2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Joseph Speranza
Appellate Division of the Supreme Court of the State of New York.
Jun 14, 2012.
96 A.D.3d 1164
Mercure.
Cited by 13 opinions  |  Published
Mercure, J.

Appeal, by permission, from an order of the County Court of Albany County (Herrick, J.), entered September 10, 2010, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of promoting prostitution in the third degree, without a hearing.

Defendant pleaded guilty to an indictment charging him with promoting prostitution in the third degree and waived his right to appeal upon the understanding that County Court would sentence him to time served and five years of probation if he did not violate the plea agreement. That agreement required defendant to avoid new criminal charges and to cooperate with the Probation Department. Thereafter, defendant was less than forthcoming during the presentence investigation and also was charged with aggravated unlicensed operation of a vehicle. County Court therefore declined to impose the agreed-upon sentence and set the matter down for a violation hearing. Defendant admitted to violating the plea agreement, and County Court ultimately imposed a sentence of 1 to 3 years in prison. Defendant now appeals from County Court’s denial of his CPL 440.10 motion to vacate the judgment of conviction.

We affirm. Defendant argues that he was deprived of the ef[*1165] fective assistance of counsel due to his attorney’s failure to seek dismissal of the indictment on speedy trial grounds (see CPL 440.10 [1] [h]; People v Condon, 184 AD2d 879, 880-881 [1992]). An ineffective assistance of counsel claim survives a valid appeal waiver only insofar as it implicates the voluntariness of the guilty plea (see People v Nicholson, 50 AD3d 1397, 1398-1399 [2008], lv denied 11 NY3d 834 [2008]; People v Hall, 16 AD3d 848, 849 [2005], lv denied 4 NY3d 887 [2005]). Defendant has made no showing that he had a meritorious claim related to his constitutional speedy trial rights, or that the delay was not attributable to counsel’s efforts in negotiating two favorable plea offers for defendant (cf. People v Garcia, 33 AD3d 1050, 1052-1053 [2006], lv denied 9 NY3d 844 [2007]). Further, he stated during the plea colloquy and at the time of his subsequent admission to violating the plea agreement that he had discussed potential defenses to the charges with counsel and was satisfied with the representation provided to him. Accordingly, inasmuch as defendant’s contention does not impact the voluntariness of his guilty plea, it does not survive his appeal waiver.

Defendant’s remaining arguments, to the extent they survive his appeal waiver, are unpreserved for our review.

Peters, P.J., Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the order is affirmed.