People v. Wiley, 112 A.D.3d 998 (N.Y. App. Div. 2013). · Go Syfert
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People v. Wiley, 112 A.D.3d 998 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Smith (nyappdiv, 2014-12-31)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2014 · confidence medium
To the extent that defendant’s ineffective assistance of counsel claim impacts the voluntariness of his plea, it also survives his appeal waiver, but is likewise unpreserved for our review in the absence of an appropriate postallocution motion (see People v Wiley, 112 AD3d 998, 998 [2013]; People v Walton, 101 AD3d 1489, 1490 [2012]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2014 · confidence medium
To the extent that defendant’s ineffective assistance of counsel claim impacts the voluntariness of his plea, it also survives his appeal waiver, but is likewise unpreserved for our review in the absence of an appropriate postallocution motion (see People v Wiley, 112 AD3d 998, 998 [2013]; People v Walton, 101 AD3d 1489, 1490 [2012]).
discussed Cited as authority (rule) People v. Liszka
N.Y. App. Div. · 2014 · confidence medium
Accordingly, his valid appeal waiver precludes review of his contention that the sentence imposed was harsh and excessive (see People v Newton, 113 AD3d at 1001 ; People v Wiley, 112 AD3d 998, 998 [2013]).
discussed Cited as authority (rule) People v. Liszka
N.Y. App. Div. · 2014 · confidence medium
Accordingly, his valid appeal waiver precludes review of his contention that the sentence imposed was harsh and excessive (see People v Newton, 113 AD3d at 1001 ; People v Wiley, 112 AD3d 998, 998 [2013]).
discussed Cited as authority (rule) People v. Kerwin
N.Y. App. Div. · 2014 · confidence medium
Defendant’s contention that he received the inef fective assistance of counsel is unpreserved for our review based upon his admitted failure to make an appropriate postallocation motion (see People v Wiley, 112 AD3d 998, 998 [2013]; People v Gruber, 108 AD3d 877, 878 [2013], lv denied 22 NY3d 956 [2013]).
discussed Cited as authority (rule) People v. Kerwin
N.Y. App. Div. · 2014 · confidence medium
Defendant’s contention that he received the inef fective assistance of counsel is unpreserved for our review based upon his admitted failure to make an appropriate postallocation motion (see People v Wiley, 112 AD3d 998, 998 [2013]; People v Gruber, 108 AD3d 877, 878 [2013], lv denied 22 NY3d 956 [2013]).
cited Cited as authority (rule) People v. Deschaine
N.Y. App. Div. · 2014 · confidence medium
Defendant’s further challenge to the agreed-upon sentence as harsh and excessive is precluded by his uncontested appeal waiver (see People v Wiley, 112 AD3d 998, 998 [2013]).
cited Cited as authority (rule) People v. Deschaine
N.Y. App. Div. · 2014 · confidence medium
Defendant’s further challenge to the agreed-upon sentence as harsh and excessive is precluded by his uncontested appeal waiver (see People v Wiley, 112 AD3d 998, 998 [2013]).
discussed Cited as authority (rule) People v. Cisneros
N.Y. App. Div. · 2014 · confidence medium
“Defendant is precluded from raising [his] claim of harsh and excessive sentence given [his] unchallenged waiver of the right to appeal” (People v Wiley, 112 AD3d 998, 998 [2013] [citations omitted]; see People v Jeske, 55 AD3d 1057, 1058-1059 [2008], lv denied 11 NY3d 898 [2008]).
discussed Cited as authority (rule) People v. Cisneros
N.Y. App. Div. · 2014 · confidence medium
“Defendant is precluded from raising [his] claim of harsh and excessive sentence given [his] unchallenged waiver of the right to appeal” (People v Wiley, 112 AD3d 998, 998 [2013] [citations omitted]; see People v Jeske, 55 AD3d 1057, 1058-1059 [2008], lv denied 11 NY3d 898 [2008]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Donna M. Wiley
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
112 A.D.3d 998
McCarthy.
Cited by 10 opinions  |  Published
McCarthy, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered June 5, 2012, convicting defendant upon her plea of guilty of the crime of grand larceny in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to grand larceny in the third degree, waived the right to appeal her conviction and sentence and was subsequently sentenced to 2 to 6 years in prison. Defendant now appeals, contending that she was denied the effective assistance of counsel and the sentence imposed was harsh and excessive.

We affirm. While defendant’s argument that she received the ineffective assistance of counsel survives her appeal waiver, we find it unpreserved for our review in light of the absence of proof on this record that she made a motion to withdraw her guilty plea or vacate her judgment of conviction (see People v Youngblood, 107 AD3d 1159, 1160 [2013], lv denied 21 NY3d 1078 [2013]; People v Lazore, 102 AD3d 1017, 1017-1018 [2013]; People v Walton, 101 AD3d 1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]). Defendant is precluded from raising her claim of harsh and excessive sentence given her unchallenged waiver of the right to appeal (see People v Mattison, 94 AD3d 1157, 1158 [2012]; People v Shurock, 83 AD3d 1342, 1344 [2011]).

[*999] Rose, J.E, Spain and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.