People v. Revette, 102 A.D.3d 1065 (N.Y. App. Div. 2013). · Go Syfert
People v. Revette, 102 A.D.3d 1065 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 1 distinct court.
Strongest positive: PeoplevGuyette (nyappdiv, 2014-10-30)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) PeoplevGuyette
N.Y. App. Div. · 2014 · confidence medium
Although defendant's challenge to the voluntariness of his plea survives his valid waiver of appeal, this issue nonetheless is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v Dozier, 115 AD3d 1001, 1001 [2014]; People v Sylvan, 107 AD3d 1044 , 1045 [2013], lv denied 22 NY3d 1141 [2014]).1 Moreover, the narrow exception to the preservation requirement was not implicated here, as defendant did not make any statements during his plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (se…
discussed Cited as authority (rule) People v. Guyette
N.Y. App. Div. · 2014 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives his valid waiver of appeal, this issue nonetheless is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v Dozier, 115 AD3d 1001, 1001 [2014]; People v Sylvan, 107 AD3d 1044 , 1045 [2013], lv denied 22 NY3d 1141 [2014]). * Moreover, the narrow exception to the preservation requirement was not implicated here, as defendant did not make any statements during his plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea …
discussed Cited as authority (rule) People v. Guyette
N.Y. App. Div. · 2014 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives his valid waiver of appeal, this issue nonetheless is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v Dozier, 115 AD3d 1001, 1001 [2014]; People v Sylvan, 107 AD3d 1044 , 1045 [2013], lv denied 22 NY3d 1141 [2014]). * Moreover, the narrow exception to the preservation requirement was not implicated here, as defendant did not make any statements during his plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea …
discussed Cited as authority (rule) People v. Graves
N.Y. App. Div. · 2014 · confidence medium
Defendant’s contention that his plea was not entered into voluntarily, which survives his appeal waiver, is not preserved for our review, inasmuch as the record indicates that he has failed to either move to withdraw his plea or vacate the judgment of conviction (see People v Revette, 102 AD3d 1065, 1065-1066 [2013]; People v Whitfield, 94 AD3d 1238, 1238 [2012]).
discussed Cited as authority (rule) People v. Graves
N.Y. App. Div. · 2014 · confidence medium
Defendant’s contention that his plea was not entered into voluntarily, which survives his appeal waiver, is not preserved for our review, inasmuch as the record indicates that he has failed to either move to withdraw his plea or vacate the judgment of conviction (see People v Revette, 102 AD3d 1065, 1065-1066 [2013]; People v Whitfield, 94 AD3d 1238, 1238 [2012]).
discussed Cited as authority (rule) People v. Bressard
N.Y. App. Div. · 2013 · confidence medium
Addressing defendant’s challenge to the voluntariness of his guilty plea, it is unpreserved because the record fails to indicate that he moved to withdraw his plea or vacate the judgment of conviction (see People v Ladieu, 105 AD3d at 1266 ; People v Leone, 105 AD3d 1249, 1250 [2013], lv denied 21 NY3d 1017 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Bressard
N.Y. App. Div. · 2013 · confidence medium
Addressing defendant’s challenge to the voluntariness of his guilty plea, it is unpreserved because the record fails to indicate that he moved to withdraw his plea or vacate the judgment of conviction (see People v Ladieu, 105 AD3d at 1266 ; People v Leone, 105 AD3d 1249, 1250 [2013], lv denied 21 NY3d 1017 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Osgood
N.Y. App. Div. · 2013 · confidence medium
Furthermore, as defendant did not make any statements during the plea allocution that negated an essential element of the crime or otherwise cast doubt on his guilt, the narrow exception to the preservation rule is inapplicable (see People v Bouton, 107 AD3d 1035, 1035 [2013], lv denied 21 NY3d 1072 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Osgood
N.Y. App. Div. · 2013 · confidence medium
Furthermore, as defendant did not make any statements during the plea allocution that negated an essential element of the crime or otherwise cast doubt on his guilt, the narrow exception to the preservation rule is inapplicable (see People v Bouton, 107 AD3d 1035, 1035 [2013], lv denied 21 NY3d 1072 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Grigger
N.Y. App. Div. · 2013 · confidence medium
Defendant’s remaining argument that the sentence is harsh and excessive is foreclosed by his valid waiver of the right to appeal (see People v Revette, 102 AD3d 1065, 1066 [2013]; People v Stoff, 74 AD3d 1640, 1641 [2010], lv denied 15 NY3d 810 [2010]).
discussed Cited as authority (rule) People v. Grigger
N.Y. App. Div. · 2013 · confidence medium
Defendant’s remaining argument that the sentence is harsh and excessive is foreclosed by his valid waiver of the right to appeal (see People v Revette, 102 AD3d 1065, 1066 [2013]; People v Stoff, 74 AD3d 1640, 1641 [2010], lv denied 15 NY3d 810 [2010]).
discussed Cited as authority (rule) People v. Morey
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention that his plea was involuntary — while surviving his valid appeal waiver (see People v Revette, 102 AD3d 1065, 1065 [2013]) and preserved by his motion to withdraw his guilty plea (see People v Wyant, 47 AD3d 1068, 1069 [2008], lv denied 10 NY3d 873 [2008]) — is belied by the record before us.
discussed Cited as authority (rule) People v. Henion
N.Y. App. Div. · 2013 · confidence medium
As nothing in the record casts doubt upon defendant’s guilt, the narrow exception to the preservation requirement is not implicated here (see People v Cruz, 104 AD3d 1022, 1023 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Morey
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention that his plea was involuntary — while surviving his valid appeal waiver (see People v Revette, 102 AD3d 1065, 1065 [2013]) and preserved by his motion to withdraw his guilty plea (see People v Wyant, 47 AD3d 1068, 1069 [2008], lv denied 10 NY3d 873 [2008]) — is belied by the record before us.
discussed Cited as authority (rule) People v. Henion
N.Y. App. Div. · 2013 · confidence medium
As nothing in the record casts doubt upon defendant’s guilt, the narrow exception to the preservation requirement is not implicated here (see People v Cruz, 104 AD3d 1022, 1023 [2013]; People v Revette, 102 AD3d 1065, 1065-1066 [2013]).
discussed Cited as authority (rule) People v. Gruber
N.Y. App. Div. · 2013 · confidence medium
To the extent that defendant challenges the voluntariness of his plea, such challenge is not preserved for this Court’s review inasmuch as the record does not indicate that he has moved to withdraw his plea or vacate the judgment of conviction (see People v Revette, 102 AD3d 1065, 1065 [2013]; People v Secore, 102 AD3d 1057, 1058 [2013]).
discussed Cited as authority (rule) People v. Gruber
N.Y. App. Div. · 2013 · confidence medium
To the extent that defendant challenges the voluntariness of his plea, such challenge is not preserved for this Court’s review inasmuch as the record does not indicate that he has moved to withdraw his plea or vacate the judgment of conviction (see People v Revette, 102 AD3d 1065, 1065 [2013]; People v Secore, 102 AD3d 1057, 1058 [2013]).
discussed Cited as authority (rule) People v. Sylvan
N.Y. App. Div. · 2013 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives the foregoing waiver, it, too, is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Revette, 102 AD3d 1065, 1065-1066 [2013]; People v Martinez-Velazquez, 89 AD3d 1318, 1319 [2011]).
discussed Cited as authority (rule) People v. Sylvan
N.Y. App. Div. · 2013 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives the foregoing waiver, it, too, is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Revette, 102 AD3d 1065, 1065-1066 [2013]; People v Martinez-Velazquez, 89 AD3d 1318, 1319 [2011]).
cited Cited as authority (rule) People v. Hoyt
N.Y. App. Div. · 2013 · confidence medium
Initially, defendant can challenge the voluntariness of his plea despite his waiver of appeal (see People v Revette, 102 AD3d 1065, 1066 [2013]).
cited Cited as authority (rule) People v. Hoyt
N.Y. App. Div. · 2013 · confidence medium
Initially, defendant can challenge the voluntariness of his plea despite his waiver of appeal (see People v Revette, 102 AD3d 1065, 1066 [2013]).
discussed Cited as authority (rule) People v. Passino
N.Y. App. Div. · 2013 · confidence medium
Defendant’s challenge to the validity of his respective waivers of the right to appeal is similarly unavailing, as the record reflects that County Court adequately explained the nature of the rights being forfeited and defendant executed detailed written waivers in open court (see People v Revette, 102 AD3d 1065, 1065 [2013]).
discussed Cited as authority (rule) People v. Passino
N.Y. App. Div. · 2013 · confidence medium
Defendant’s challenge to the validity of his respective waivers of the right to appeal is similarly unavailing, as the record reflects that County Court adequately explained the nature of the rights being forfeited and defendant executed detailed written waivers in open court (see People v Revette, 102 AD3d 1065, 1065 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Holly A. Revette
Appellate Division of the Supreme Court of the State of New York.
Jan 31, 2013.
102 A.D.3d 1065
Egan.
Cited by 23 opinions  |  Published
Egan Jr., J.

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered September 25, 2009, convicting defendant upon her plea of guilty of the crimes of arson in the third degree and burglary in the third degree.

Defendant previously was convicted of arson in the third degree (two counts) and burglary in the third degree (two counts) after she twice set fire to a residence being constructed by her former paramour. Upon appeal, this Court reversed and dismissed the indictment due to a defect in the grand jury proceedings (48 AD3d 886 [2008]). Defendant was reindicted for the same crimes and, in full satisfaction of that indictment, thereafter pleaded guilty to one count of arson in the third degree and one count of burglary in the third degree and waived her right to appeal. County Court sentenced defendant to the agreed-upon aggregate prison term of 22/s to 8 years, and defendant now appeals.

We affirm. The record reflects that defendant executed a written waiver of the right to appeal, and County Court adequately explained the nature of the rights forfeited thereby. Accordingly, defendant’s challenge to the validity of such waiver—raised for the first time in her reply brief—is meritless (see People v Carbone, 101 AD3d 1232, 1233 [2012]). Although defendant’s challenge to the voluntariness of her plea survives her appeal waiver, the record does not reflect that defendant moved to withdraw her plea or vacate the judgment of conviction; hence,[*1066] this issue is unpreserved for our review (see People v Empey, 73 AD3d 1387, 1388 [2010], lv denied 15 NY3d 804 [2010]). The narrow exception to the preservation requirement is not implicated here, as nothing in the record casts doubt upon defendant’s guilt or otherwise calls into question the voluntariness of her plea (see People v Abrams, 75 AD3d 927, 928 [2010]; People v Empey, 73 AD3d at 1388). In any event, defendant’s present claim—that she pleaded guilty because she thought she would be sentenced to a prison term of l1 Is to 7 years—is belied by the record. During the plea colloquy, County Court twice recited that the plea included an aggregate sentence of 22/s to 8 years in prison and, each time, defendant affirmatively indicated that she understood the sentence being proposed. Finally, defendant’s challenge to the severity of the agreed-upon sentence is foreclosed by her valid waiver of appeal (see People v Seitz, 67 AD3d 1251, 1252 [2009]).

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