People v. Walton, 101 A.D.3d 1792 (N.Y. App. Div. 2012). · Go Syfert
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People v. Walton, 101 A.D.3d 1792 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Topolski (nyappdiv, 2013-05-03)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Topolski
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention is actually a challenge to the factual sufficiency of the plea allocution, and thus that challenge and his challenge to the severity of the sentence are encompassed by the valid waiver of the right to appeal (see Lopez, 6 NY3d at 256 ; People v Lococo, 92 NY2d 825, 827 [1998]; People v Walton, 101 AD3d 1792, 1792 [2012]; People v Grant, 96 AD3d 1697 , 1697 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Topolski
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention is actually a challenge to the factual sufficiency of the plea allocution, and thus that challenge and his challenge to the severity of the sentence are encompassed by the valid waiver of the right to appeal (see Lopez, 6 NY3d at 256 ; People v Lococo, 92 NY2d 825, 827 [1998]; People v Walton, 101 AD3d 1792, 1792 [2012]; People v Grant, 96 AD3d 1697 , 1697 [2012], lv denied 19 NY3d 997 [2012]).
cited Cited "see" People v. Rivera
N.Y. App. Div. · 2013 · signal: see · confidence high
Jean, 101 AD3d 1684, 1684 [2012]; see People v Adams, 101 AD3d 1792 , 1792-1793 [2012], lv denied 20 NY3d 860 [2013]; People v Vaughn, 26 AD3d 776, 776-777 [2006]).
cited Cited "see" People v. Rivera
N.Y. App. Div. · 2013 · signal: see · confidence high
Jean, 101 AD3d 1684, 1684 [2012]; see People v Adams, 101 AD3d 1792 , 1792-1793 [2012], lv denied 20 NY3d 860 [2013]; People v Vaughn, 26 AD3d 776, 776-777 [2006]).
cited Cited "see" RIVERA, EUGENE, PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
Jean, 101 AD3d 1684, 1684 ; see People v Adams, 101 AD3d 1792, 1792-1793 , lv denied 20 NY3d 860 ; People v Vaughn, 26 AD3d 776, 776-777 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Derrick Walton
Appellate Division of the Supreme Court of the State of New York.
Dec 28, 2012.
101 A.D.3d 1792
Cited by 3 opinions  |  Published

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05), defendant contends that his plea was not voluntarily, knowingly, and intelligently entered because he did not recite one of the elements of that crime, i.e., that he threatened the witness. Defendant’s contention is actually a challenge to the factual sufficiency of the plea allocution, and thus that challenge is encompassed by the valid waiver of the right to appeal (see People v Peters, 59 AD3d 928, 928 [2009], lv denied 12 NY3d 820 [2009]; People v Branch, 49 AD3d 1206, 1206 [2008], lv denied 10 NY3d 932 [2008]; People v Wilson, 38 AD3d 1348, 1348 [2007], lv denied 9 NY3d 927 [2007]). Present — Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.