People v. Slingerland, 101 A.D.3d 1265 (N.Y. App. Div. 2012). · Go Syfert
People v. Slingerland, 101 A.D.3d 1265 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
66 citation events (66 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Taylor (nyappdiv, 2025-11-20)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2025 · confidence medium
As defendant's contention does not amount to a jurisdictional defect but, rather, relates to the factual sufficiency of the indictment, which is nonjurisdictional in nature, such challenge — in addition to being unpreserved — is forfeited by her guilty plea and appeal waiver ( see People v Henry , 237 AD3d 1258 , 1259 [3d Dept 2025], lv denied 44 NY3d 982 [2025]; People v Salmon , 179 AD3d at 1405 ; People v Slingerland , 101 AD3d at 1266).
discussed Cited as authority (rule) People v. Solomon (2×) also: Cited "see"
N.Y. App. Div. · 2022 · confidence medium
Inasmuch as the offense of endangering the welfare of a child requires that the victim be less than 17 years old, we find that the superior court information was jurisdictionally defective because it failed to effectively charge defendant with the commission of a crime where the date of birth indicated that the victim was 17 at the time of the offense ( see People v D'Angelo , 98 NY2d at 734-735 ; People v Boula , 106 AD3d at 1372 ; People v Slingerland , 101 AD3d at 1266; People v Hines , 84 AD3d 1591, 1591-1592 [2011]).
discussed Cited as authority (rule) People v. Salmon (2×)
N.Y. App. Div. · 2020 · confidence medium
CPL 200.50 (6) requires only that each count of the indictment contain a statement "that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time" ( see People v Smith , 137 AD3d 1323, 1325 [2016], lvs denied 28 NY3d 973 , 974 [2016]) — a requirement that was satisfied here — and neither the time of the offenses nor the location thereof were elements of the charged crime ( see People v Slingerland , 101 AD3d at 1266).
discussed Cited as authority (rule) People v. Gardiner
N.Y. App. Div. · 2018 · confidence medium
Accordingly, defendant's ineffective assistance of counsel claim is more properly the subject of a CPL article 440 motion ( see People v Simpson , 146 AD3d at 1176 ; People v Viele , 130 AD3d at 1097 ; People v Slingerland , 101 AD3d at 1267; People v Hull , 52 AD3d 962, 963 [2008]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Time is not an essential element of criminal sale of a controlled substance in the third degree (see Penal Law § 220.39 [1]; People v Slingerland, 101 AD3d at 1266), and we are not persuaded that the less than two-hour discrepancy at issue deprived defendant of the opportunity to prepare an adequate defense (see People v Miller, 226 AD2d 833, 834 [1996], lv denied 88 NY2d 939 [1996]).
discussed Cited as authority (rule) People v. Cole (2×)
N.Y. App. Div. · 2014 · confidence medium
For that reason, “[a] guilty plea not only constitutes an actual waiver of certain rights associated with a trial, but also effects a forfeiture of the right to renew many arguments made before the plea” (People v Taylor, 65 NY2d at 5), including claims founded upon nonjurisdictional defects in the grand jury proceeding (see People v Gerber, 182 AD2d 252, 260-261 [1992], lv denied 80 NY2d 1026 [1992]), the legal sufficiency of the evidence underlying the indictment (see People v Caban, 89 AD3d 1321, 1322 [2011]; People v Heller, 67 AD3d 1253, 1254 [2009]; People v Cintron, 62 AD3d 1157, 11…
discussed Cited as authority (rule) People v. Cole (2×)
N.Y. App. Div. · 2014 · confidence medium
For that reason, “[a] guilty plea not only constitutes an actual waiver of certain rights associated with a trial, but also effects a forfeiture of the right to renew many arguments made before the plea” (People v Taylor, 65 NY2d at 5), including claims founded upon nonjurisdictional defects in the grand jury proceeding (see People v Gerber, 182 AD2d 252, 260-261 [1992], lv denied 80 NY2d 1026 [1992]), the legal sufficiency of the evidence underlying the indictment (see People v Caban, 89 AD3d 1321, 1322 [2011]; People v Heller, 67 AD3d 1253, 1254 [2009]; People v Cintron, 62 AD3d 1157, 11…
discussed Cited as authority (rule) People v. Porath
N.Y. App. Div. · 2013 · confidence medium
With regard to defendant’s claim that the indictment was defective because it recited an incorrect date, his knowing and voluntary guilty plea constitutes a waiver of any such nonjurisdictional defect (see People v Slingerland, 101 AD3d 1265, 1265-1266 [2012]; People v Brown, 75 AD3d 655, 656 [2010]).
discussed Cited as authority (rule) People v. Porath
N.Y. App. Div. · 2013 · confidence medium
With regard to defendant’s claim that the indictment was defective because it recited an incorrect date, his knowing and voluntary guilty plea constitutes a waiver of any such nonjurisdictional defect (see People v Slingerland, 101 AD3d 1265, 1265-1266 [2012]; People v Brown, 75 AD3d 655, 656 [2010]).
discussed Cited "see" B People v. Wilson
N.Y. App. Div. · 2016 · signal: see · confidence high
“An indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime—for instance, if it fails to allege that the defendant committed acts constituting every material element of the crime charged” (People v D’Angelo, 98 NY2d 733, 734-735 [2002]; see People v Slingerland, 101 AD3d 1265 , 1266 [2012], lv denied 20 NY3d 1104 [2013]).
discussed Cited "see" People v. Lucieer
N.Y. App. Div. · 2013 · signal: see · confidence high
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 "see" LUCIEER, TERRANCE F., PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
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 [internal quotation marks omitted]; see People v Slingerland, 101 AD3d 1265, 1267 , l…
discussed Cited "see" People v. Lucieer
N.Y. App. Div. · 2013 · signal: see · confidence high
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 "see" People v. Cruz
N.Y. App. Div. · 2013 · signal: accord · confidence high
While defendant’s claim that the indictment was jurisdiction-ally defective in that it did not allege conduct constituting every element of the charged crime survives his guilty plea (see People v George, 261 AD2d 711, 713 [1999], lv denied 93 NY2d 1018 [1999]), it is without merit. “ ‘[A]n indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime’ ” (People v Ray, 71 NY2d 849, 850 [1988], quoting People v Iannone, 45 NY2d 589, 600 [1978]; accord People v Slingerland, 101 AD3d 1265, 1266 [2012]; People v Ch…
discussed Cited "see" People v. Cruz
N.Y. App. Div. · 2013 · signal: accord · confidence high
While defendant’s claim that the indictment was jurisdiction-ally defective in that it did not allege conduct constituting every element of the charged crime survives his guilty plea (see People v George, 261 AD2d 711, 713 [1999], lv denied 93 NY2d 1018 [1999]), it is without merit. “ ‘[A]n indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime’ ” (People v Ray, 71 NY2d 849, 850 [1988], quoting People v Iannone, 45 NY2d 589, 600 [1978]; accord People v Slingerland, 101 AD3d 1265, 1266 [2012]; People v Ch…
discussed Cited "see, e.g." People v. Lydecker
N.Y. App. Div. · 2014 · signal: compare · confidence low
Nonetheless, inasmuch as his claim of ineffective assistance of counsel impacts the voluntariness of his plea, such claim survives the appeal waiver and was preserved by his CPL article 440 motion (see People v Devino, 110 AD3d at 1147 ; compare People v Slingerland, 101 AD3d 1265 , 1267 [2012], lv denied 20 NY3d 1104 [2013]).
discussed Cited "see, e.g." People v. Lydecker
N.Y. App. Div. · 2014 · signal: compare · confidence low
Nonetheless, inasmuch as his claim of ineffective assistance of counsel impacts the voluntariness of his plea, such claim survives the appeal waiver and was preserved by his CPL article 440 motion (see People v Devino, 110 AD3d at 1147 ; compare People v Slingerland, 101 AD3d 1265 , 1267 [2012], lv denied 20 NY3d 1104 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James W. Slingerland
Appellate Division of the Supreme Court of the State of New York.
Dec 13, 2012.
101 A.D.3d 1265
Spain.
Cited by 8 opinions  |  Published
Spain, J.

We affirm. Our review of the record confirms that defendant’s plea and appeal waiver were knowingly, voluntarily and intelligently entered (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]). Defendant argues that the indictment was facially defective in that it failed to specify the location, i.e., exact address, and time at which the offenses were committed. As defendant did not raise these specific claims in[*1266] his motion to dismiss the indictment (see CPL 210.20, 210.25), they are unpreserved for our review and are also foreclosed by his guilty plea and appeal waiver, unless they constitute a nonwaivable jurisdictional defect, which may be raised for the first time on appeal (see People v Iannone, 45 NY2d 589, 600 [1978]; People v Stauber, 307 AD2d 544, 545 [2003], lv denied 100 NY2d 599 [2003]).

“An indictment is rendered jurisdictionally defective only if it does not charge the defendant with the commission of a particular crime, by, for example, failing to allege every material element of the crime charged, or alleging acts that do not equal a crime at all” (People v Hansen, 95 NY2d 227, 231 [2000]; see People v Iannone, 45 NY2d at 600). The precise address and time were not elements of any of the crimes charged and, thus, the indictment “may allege the time in approximate terms” (People v Watt, 81 NY2d 772, 774 [1993]). CPL 200.50 (6) “does not require the exact date and time” (People v Morris, 61 NY2d 290, 294 [1984]) but, rather, provides — with respect to the allegation of when a crime occurred — that it must have been committed “on, or on or about, a designated date, or during a designated period of time” (CPL 200.50 [6] [emphasis added]). Here, the date was given and the lack of a precise address or time on that date is, at most, a waivable facial deficiency* and not a fatal jurisdictional defect (see People v Morris, 61 NY2d at 295; People v Cox, 275 AD2d 924, 925 [2000], lv denied 95 NY2d 962 [2000]; People v Nicholson, 98 AD2d 876, 876 [1983]; People v Kepple, 98 AD2d 783, 783 [1983]; People ex rel. White v McMann, 8 AD2d 921 [1959], lv denied 7 NY2d 705 [1959]; cf. People v Sanchez, 84 NY2d 440, 447-448 [1994]). Indeed, had defendant raised these objections before County Court, the People could have moved to amend the indictment with respect to the time and place of the crimes, provided it did not change the theory of their prosecution (see CPL 200.70 [1]).

Likewise unpreserved is defendant’s claim that the six counts in the indictment are multiplicitous (see CPL 210.20 [1] [a]; People v Thompson, 34 AD3d 931, 932 [2006], lv denied 7 NY3d 929 [2006]). This is a nonjurisdictional challenge that was forfeited by his guilty plea and encompassed by his appeal waiver (see People v Nichols, 32 AD3d 1316, 1317 [2006], lv denied 8 NY3d 848 [2007]; People v Nelson, 266 AD2d 730, 731 [1999], lv denied 94 NY2d 865 [1999]).

[*1267] Finally, defendant argues that trial counsel provided ineffective assistance due to his failure to file a motion to dismiss the indictment on statutory speedy trial grounds (see CPL 30.30, 210.20 [1] [g]). As there is no evidence in the record that defendant made a motion to withdraw his plea or to vacate the judgment on this basis, the issue is unpreserved (see People v Clifford, 295 AD2d 697, 698 [2002], lv denied 98 NY2d 709 [2002]); further, given the lack of any motion on this issue before County Court, the record on direct appeal is inadequate to assess its merits, which could only be addressed in a CPL article 440 motion (see People v Obert, 1 AD3d 631, 632 [2003], lv denied 2 NY3d 764 [2004]).

More significantly, however, any statutory speedy trial claims were waived by defendant’s guilty plea (see People v Friscia, 51 NY2d 845, 847 [1980]; People v Brothers, 50 NY2d 413, 418 [1980]), and his valid appeal waiver precludes the related claims of ineffective assistance because he does not allege that “the claimed ineffectiveness induced an otherwise knowing and voluntary guilty plea” (People v McGuffie, 294 AD2d 617, 618 [2002], lv denied 98 NY2d 699 [2002]; see People v Lopez, 8 AD3d 819, 820 [2004], lv denied 3 NY3d 708 [2004]; People v Sayles, 292 AD2d 641, 643 [2002], lv denied 98 NY2d 681 [2002]). That is, the alleged ineffectiveness did not impact the voluntariness of defendant’s plea or appeal waiver (see People v Parilla, 8 NY3d 654, 660 [2007]) and was therefore forfeited by his appeal waiver (see People v Garland, 69 AD3d 1122, 1123 [2010], lv denied 14 NY3d 887 [2010]). While defendant seeks to avoid the consequences of his guilty plea by raising the speedy trial claim in the context of an ineffective assistance rubric, “were we to consider defendant’s [speedy trial] claim on the merits, we would be reviewing the very argument that defendant waived when he pleaded guilty and waived his right to appeal” (People v Parilla, 8 NY3d at 659-660). Thus, we find that this claim “relating to the deprivation of rights that took place before the plea was entered” (People v Hansen, 95 NY2d at 230) was forfeited by defendant’s valid guilty plea and appeal waiver. Defendant’s remaining claims have been reviewed and determined to be without merit.

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

Such a facial deficiency is curable by a bill of particulars (see People v Ian-none, 45 NY2d at 597), which defendant requested in this case, and any unfulfilled obligation on the part of the People to provide the bill of particulars was waived by the guilty plea.