People v. Young, 97 A.D.3d 771 (N.Y. App. Div. 2012). · Go Syfert
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People v. Young, 97 A.D.3d 771 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Drammeh (nyappdiv, 2012-11-07)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." People v. Drammeh
N.Y. App. Div. · 2012 · signal: see also · confidence low
Review of the defendant’s contention that he was deprived of the effective assistance of counsel because his attorney failed to advise him of the immigration consequences of his plea in accordance with Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]) is not barred by his appeal waiver because it affects the voluntariness of his plea (see People v Achouatte, 91 AD3d 1028, 1029 [2012], cert denied 568 US —, 133 S Ct 216 [2012]; see also People v Young, 97 AD3d 771 [2012]; People v Fenty, 96 AD3d 1075, 1076 [2012], lv denied 19 NY3d 1025 [2012]).
discussed Cited "see, e.g." People v. Drammeh
N.Y. App. Div. · 2012 · signal: see also · confidence low
Review of the defendant’s contention that he was deprived of the effective assistance of counsel because his attorney failed to advise him of the immigration consequences of his plea in accordance with Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]) is not barred by his appeal waiver because it affects the voluntariness of his plea (see People v Achouatte, 91 AD3d 1028, 1029 [2012], cert denied 568 US —, 133 S Ct 216 [2012]; see also People v Young, 97 AD3d 771 [2012]; People v Fenty, 96 AD3d 1075, 1076 [2012], lv denied 19 NY3d 1025 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Calvin Young
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2012.
97 A.D.3d 771
Cited by 13 opinions  |  Published

At the defendant’s plea allocution, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 9 [1989]). The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Crews, 92 AD3d 795 [2012]; People v Brown, 26 AD3d 340, 341 [2006]; People v Manzullo, 14 AD3d 717 [2005]).

The defendant’s valid waiver of his right to appeal precludes appellate review of his contentions that the sentence imposed was excessive and that he was deprived of the effective assistance of counsel except to the extent that the alleged ineffective assistance affected the voluntariness of his plea (see People v Lopez, 6 NY3d at 255; People v Seaberg, 74 NY2d at 9; People v Watt, 82 AD3d 912 [2011]; People v Hughes, 62 AD3d 1026 [2009]). To the extent that the defendant’s claim of ineffective assistance of counsel does relate to the voluntariness of his plea, his claim is based, in part, on matter appearing on the record and, in part, on matter outside the record, and thus constitutes a “ ‘mixed claim[ ]’ ” of ineffective assistance (People v Maxwell, 89 AD3d 1108, 1109 [2011], quoting People v Evans, 16 NY3d 571, 575 n 2 [2011], cert denied 565 US —, 132 S Ct 325 [2011]). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel as it relates to the voluntariness of his plea (cf. People v Crump, 53 NY2d 824 [1981]; People v Brown, 45 NY2d 852 [1978]). Since the defendant’s claim of ineffective assistance cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for[*772] reviewing the claim in its entirety (see People v Freeman, 93 AD3d 805 [2012]; People v Maxwell, 89 AD3d at 1109; People v Rohlehr, 87 AD3d 603, 604 [2011]). Angiolillo, J.P., Florio, Leventhal and Lott, JJ., concur.