People v. Alvarado, 103 A.D.3d 1101 (N.Y. App. Div. 2013). · Go Syfert
People v. Alvarado, 103 A.D.3d 1101 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Karlsen (nyappdiv, 2017-02-10)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Karlsen
N.Y. App. Div. · 2017 · confidence medium
We conclude that defendant’s challenge to County Court’s pretrial evidentiary ruling does not survive but rather was forfeited by his plea of guilty (see People v Alvarado, 103 AD3d 1101, 1101 [2013], lv denied 21 NY3d 910 [2013]; People v Davis, 99 AD3d 1228 , 1229 [2012], lv denied 20 NY3d 1010 [2013]; see also People v Hutter, 143 AD3d 574, 575 [2016], lv denied 28 NY3d 1125 [2016]; see generally People v Campbell, 73 NY2d 481, 486 [1989]).
discussed Cited as authority (rule) People v. Karlsen
N.Y. App. Div. · 2017 · confidence medium
We conclude that defendant’s challenge to County Court’s pretrial evidentiary ruling does not survive but rather was forfeited by his plea of guilty (see People v Alvarado, 103 AD3d 1101, 1101 [2013], lv denied 21 NY3d 910 [2013]; People v Davis, 99 AD3d 1228 , 1229 [2012], lv denied 20 NY3d 1010 [2013]; see also People v Hutter, 143 AD3d 574, 575 [2016], lv denied 28 NY3d 1125 [2016]; see generally People v Campbell, 73 NY2d 481, 486 [1989]).
discussed Cited "see, e.g." People v. Wisniewski
N.Y. App. Div. · 2018 · signal: see also · confidence medium
By pleading guilty, defendant forfeited review of the merits of his contention regarding the audibility of certain evidence ( see People v Dunkins , 231 AD2d 587, 588 [2d Dept 1996], lv denied 89 NY2d 863 [1996]; see also People v Alvarado , 103 AD3d 1101, 1101 [4th Dept 2013], lv denied 21 NY3d 910 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jose Alvarado
Appellate Division of the Supreme Court of the State of New York.
Feb 1, 2013.
103 A.D.3d 1101
Cited by 4 opinions  |  Published

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered August 8, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), defendant contends that County Court erred in admitting certain recorded conversations in evidence at trial before he pleaded guilty. By pleading guilty, defendant forfeited his right to seek our review of that contention. “ ‘A guilty plea generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings’ ” (People v Leary, 70 AD3d 1394, 1395 [2010], lv denied 14 NY3d 889 [2010], quoting People v Fernandez, 67 NY2d 686, 688 [1986]). “This is so because a defendant’s ‘conviction rests directly on the sufficiency of his plea, not on the legal or constitutional sufficiency of any proceedings which might have led to his conviction after trial’ ... A guilty plea will thus . . . effect a forfeiture of the right to revive certain claims made prior to the plea” (People v Hansen, 95 NY2d 227, 230 [2000]). Here, defendant challenges the admissibility of the recordings, both at the audibility hearing and at the trial. Issues arising from an audibility hearing are forfeited by a plea of guilty (see People v Jimenez, 277 AD2d 956, 956-957 [2000], lv denied 96 NY2d 784 [2001]), as are challenges to evidentiary rulings made during trial (see People v Davis, 99 AD3d 1228, 1229 [2012]).

Finally, the sentence is not unduly harsh or severe. Present— Smith, J.P., Peradotto, Lindley, Whalen and Martoche, JJ.