People v. Montane, 110 A.D.3d 1101 (N.Y. App. Div. 2013). · Go Syfert
People v. Montane, 110 A.D.3d 1101 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Joseph (nyappdiv, 2016-08-17)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Joseph
N.Y. App. Div. · 2016 · confidence medium
Defense counsel’s alleged failure to properly advise the defendant of the immigration consequences of his plea would affect the voluntariness of the plea and thus is reviewable by this Court (see People v Montane, 110 AD3d 1101, 1102 [2013]; People v Drammeh, 100 AD3d 650 [2012]).
discussed Cited as authority (rule) People v. Harvey
N.Y. App. Div. · 2015 · confidence medium
Contrary to the People’s contention, the issue of territorial jurisdiction raised by defendant survives his waiver of the right to appeal (see People v Montane, 110 AD3d 1101 , 1101-1102 [2013], lv denied 22 NY3d 1089 [2014]), does not require preservation (see People v Holmes, 101 AD3d 1632 , 1633 [2012], lv denied 21 NY3d 944 [2013]; see generally People v Hanley, 20 NY3d 601, 604-605 [2013]; People v Correa, 15 NY3d 213, 222 [2010]), and is not waived by his guilty plea (see Montane, 110 AD3d at 1101-1102; People v Casias, 303 AD2d 294, 294 [2003], lv denied 100 NY2d 579 [2003]; see gener…
discussed Cited as authority (rule) People v. Harvey
N.Y. App. Div. · 2015 · confidence medium
Contrary to the People’s contention, the issue of territorial jurisdiction raised by defendant survives his waiver of the right to appeal (see People v Montane, 110 AD3d 1101 , 1101-1102 [2013], lv denied 22 NY3d 1089 [2014]), does not require preservation (see People v Holmes, 101 AD3d 1632 , 1633 [2012], lv denied 21 NY3d 944 [2013]; see generally People v Hanley, 20 NY3d 601, 604-605 [2013]; People v Correa, 15 NY3d 213, 222 [2010]), and is not waived by his guilty plea (see Montane, 110 AD3d at 1101-1102; People v Casias, 303 AD2d 294, 294 [2003], lv denied 100 NY2d 579 [2003]; see gener…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Yotuhel Montane
Appellate Division of the Supreme Court of the State of New York.
Oct 30, 2013.
110 A.D.3d 1101
Cited by 5 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dwyer, J.), rendered August 23, 2011, convicting him of conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]). As a result of the defendant’s valid waiver of his right to appeal, appellate review of his challenge to the Supreme Court’s suppression determination is precluded (see People v Oseni, 107 AD3d 829 [2013], lv denied 21 NY3d 1044 [2013]; People v Hackett, 93 AD3d 807 [2012]).

Contrary to the People’s contention, the defendant’s plea did[*1102] not constitute a waiver of his challenge to the territorial jurisdiction of the Supreme Court (see People v McLaughlin, 80 NY2d 466, 471 [1992]; People v Casias, 303 AD2d 294 [2003]). Nor is appellate review of this issue precluded by the defendant’s valid waiver of his right to appeal (see People v Seaberg, 74 NY2d 1, 9 [1989]). Nevertheless, the defendant’s contention is without merit (see CPL 20.20; People v Artis, 63 AD3d 1173 [2009]; Matter of Machado v Donalty, 107 AD2d 1079 [1985]).

The defendant’s valid waiver of his right to appeal also does not preclude appellate review of his claim that counsel’s representation was ineffective, which is directed toward the voluntariness of the plea (see People v Gedin, 46 AD3d 701 [2007]). Nevertheless, since the colloquy during the plea demonstrates that counsel discharged his obligation to inform the defendant of the immigration consequences of pleading guilty consistent with Padilla v Kentucky (559 US 356, 369 [2010]), his contention is without merit.

The defendant’s remaining contention is without merit. Rivera, J.P., Balkin, Chambers and Sgroi, JJ., concur.