People v. Brand, 112 A.D.3d 1320 (N.Y. App. Div. 2013). · Go Syfert
People v. Brand, 112 A.D.3d 1320 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Dozier (nyappdiv, 2021-02-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Dozier (2×) also: Cited "see"
N.Y. App. Div. · 2021 · confidence medium
Defendant's valid waiver of the right to appeal encompasses his contention that the court erred in refusing to suppress the physical evidence seized from him ( see People v Goodwin , 147 AD3d 1352, 1352 [4th Dept 2017], lv denied 29 NY3d 1032 [2017]; Brand , 112 AD3d at 1321).
discussed Cited as authority (rule) People v. Joubert (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
Contrary to defendant's contention, the court was not required to advise defendant that the waiver of the right to appeal encompassed the court's suppression ruling ( see Brand , 112 AD3d at 1321; see generally People v Kemp , 94 NY2d 831, 833 [1999]), and his challenge to the adverse suppression ruling is foreclosed by the valid waiver of the right to appeal ( see Kemp , 94 NY2d at 833 ; People v Carter , 147 AD3d 1540, 1540 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]).
discussed Cited as authority (rule) Jimerson v. State of New York (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
Contrary to defendant's contention, the court was not required to advise defendant that the waiver of the right to appeal encompassed the court's suppression ruling (see Brand, 112 AD3d at 1321; see generally People v Kemp, 94 NY2d 831, 833 [1999]), and his challenge to the adverse suppression ruling is foreclosed by the valid waiver of the right to appeal (see Kemp, 94 NY2d at 833 ; People v Carter, 147 AD3d 1540, 1540 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]).
discussed Cited "see" People v. Carr
N.Y. App. Div. · 2022 · signal: see · confidence high
Further, the court inquired about defendant's asserted mental health issues, and those issues "did not invalidate the waiver of the right to appeal inasmuch as there was no showing that defendant was uninformed, confused or incompetent when he waived the right to appeal" ( People v Henderson , 162 AD3d 1507 , 1507 [4th Dept 2018], lv denied 32 NY3d 1004 [2018] [internal quotation marks omitted]; see People v Brand , 112 AD3d 1320 , 1321 [4th Dept 2013], lv denied 23 NY3d 961 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Dale W. Brand
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2013.
112 A.D.3d 1320
Cited by 1 opinion  |  Published

Appeal from a judgment of the Erie County Court (Thomas R Franczyk, J.), rendered December 21, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree and criminal possession of a weapon 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 assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the[*1321] third degree (§ 265.02 [1]), defendant contends that his waiver of the right to appeal was invalid. We reject that contention. The plea colloquy conducted by County Court adequately apprised defendant that “the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (People v Lopez, 6 NY3d 248, 256 [2006]; see People v Graham, 77 AD3d 1439, 1439 [2010], lv denied 15 NY3d 920 [2010]). Contrary to defendant’s contention, his “ ‘waiver [of the right to appeal] is not invalid on the ground that the court did not specifically inform [him] that his general waiver of the right to appeal encompassed the court’s suppression rulings’ ” (Graham, 77 AD3d at 1439). Moreover, defendant’s history of mental illness did not invalidate the waiver of the right to appeal inasmuch as there was no showing that “ ‘defendant was uninformed, confused or incompetent when he’ waived his right to appeal” (People v DeFazio, 105 AD3d 1438, 1439 [2013], lv denied 21 NY3d 1015 [2013]). The valid waiver by defendant of the right to appeal encompasses his challenge to the suppression rulings (see People v Kemp, 94 NY2d 831, 833 [1999]), and his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255-256; see generally People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Scudder, EJ., Centra, Lindley, Sconiers and Valentino, JJ.