People v. Liszka, 118 A.D.3d 1038 (N.Y. App. Div. 2014). · Go Syfert
People v. Liszka, 118 A.D.3d 1038 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Stewart (nyappdiv, 2017-12-14)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2017 · confidence medium
Accordingly, were the issue properly before us, we would conclude that County Court substantially complied with the requirements of CPL 400.21 (3) (see People v Thorpe, 141 AD3d 927, 935 [2016], lv denied 28 NY3d 1031 [2016]; People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Walton, 101 AD3d 1489 , 1490 [2012], lv denied 20 NY3d 1105 [2013]).
discussed Cited as authority (rule) People v. Thorpe
N.Y. App. Div. · 2016 · confidence medium
Inasmuch as the People provided defendant with notice of his predicate felony convictions prior to sentencing and defendant failed to controvert any of these convictions at the time of sentencing, there was substantial compliance with CPL 400.21, and County Court properly sentenced defendant as a second felony offender (see People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Gonzalez, 61 AD3d 1428, 1428-1429 [2009], lv denied 12 NY3d 925 [2009] ). 6 Further, County Court lawfully imposed consecutive sentences for defendant’s convictions of kidnapping in the s…
discussed Cited as authority (rule) People v. Lowell
N.Y. App. Div. · 2015 · confidence medium
Moreover, reversal in the interest of justice is unwarranted under the circumstances presented herein (see People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Walton, 101 AD3d at 1490).
discussed Cited as authority (rule) People v. Alexander
N.Y. App. Div. · 2014 · confidence medium
While that contention survives her appeal waiver (see People v Walton, 101 AD3d 1489 , 1490 [2012], lv denied 20 NY3d 1105 [2013]), it is without merit (see People v Densmore, 120 AD3d 844, 845 [2014]; People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Bonaventure, 117 AD3d 1281, 1282 [2014]).
discussed Cited as authority (rule) People v. Alexander
N.Y. App. Div. · 2014 · confidence medium
While that contention survives her appeal waiver (see People v Walton, 101 AD3d 1489 , 1490 [2012], lv denied 20 NY3d 1105 [2013]), it is without merit (see People v Densmore, 120 AD3d 844, 845 [2014]; People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Bonaventure, 117 AD3d 1281, 1282 [2014]).
discussed Cited as authority (rule) People v. McCaster
N.Y. App. Div. · 2014 · confidence medium
Contrary to defendant’s contention, “County Court was not obligated to expressly advise defendant of his right to contest the constitutionality of the prior conviction” (People v Wilkins, 118 AD3d 1038, 1039 [2014] [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) PeoplevMcCaster
N.Y. App. Div. · 2014 · confidence medium
Contrary to defendant's contention, "County Court was not obligated to expressly advise defendant of his right to contest the constitutionality of the prior conviction" -2- 105746 (People v Wilkins, 118 AD3d 1038, 1039 [2014] [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) People v. McCaster
N.Y. App. Div. · 2014 · confidence medium
Contrary to defendant’s contention, “County Court was not obligated to expressly advise defendant of his right to contest the constitutionality of the prior conviction” (People v Wilkins, 118 AD3d 1038, 1039 [2014] [internal quotation marks and citations omitted]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Steven Liszka Jr.
Appellate Division of the Supreme Court of the State of New York.
Jun 5, 2014.
118 A.D.3d 1038
Garry, Lahtinen, Peters, Rose.
Cited by 3 opinions  |  Published
Peters, PJ.

Appeal from a judgment of the County Court of Schuyler County (Morris, J.), rendered October 4, 2012, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

After waiving indictment, defendant pleaded guilty to burglary in the second degree in satisfaction of a two-count superior court information in exchange for a negotiated prison sentence of nine years, followed by three years of postrelease supervision. As part of the plea agreement, defendant also waived his right to appeal his conviction and sentence. County Court thereafter sentenced him to the agreed-upon term and defendant now appeals, contending, among other things, that his sentence was harsh and excessive.

We affirm. Initially, we reject defendant’s contention that the waiver of his right to appeal was not valid. The record demonstrates that, during both the plea hearing and at sentencing, County Court explained the nature of defendant’s right to appeal, discussed the ramifications of waiving it and sufficiently distinguished the right to appeal from the rights forfeited by the guilty plea itself. Moreover, defendant signed a written appeal waiver acknowledging that he had discussed the waiver with counsel and that he understood its impact. Under the circumstances, we find that defendant validly waived his right to appeal (see People v Newton, 113 AD3d 1000, 1001 [2014]; People v Marshall, 108 AD3d 884, 884 [2013], lv denied 22 NY3d 957 [2013]). 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]).

Lahtinen, Garry and Rose, JJ., concur.

Ordered that the judgment is affirmed.