People v. Jones, 118 A.D.3d 1354 (N.Y. App. Div. 2014). · Go Syfert
People v. Jones, 118 A.D.3d 1354 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Tisdale
N.Y. App. Div. · 2022 · confidence medium
However, it is unpreserved for our review inasmuch as defendant did not move to withdraw his guilty plea or vacate the judgment of conviction ( see generally People v Bush , 38 NY3d 66 , 70 [2022]; People v Sheppard , 149 AD3d 1569 , 1569 [4th Dept 2017], lv denied 29 NY3d 1133 [2017]; People v Jones , 118 AD3d 1354, 1354 [4th Dept 2014], lv denied 24 NY3d 961 [2014]).
discussed Cited as authority (rule) People v. Tisdale
N.Y. App. Div. · 2022 · confidence medium
However, it is unpreserved for our review inasmuch as defendant did not move to withdraw his guilty plea or vacate the judgment of conviction ( see generally People v Bush , 38 NY3d 66 , 70 [2022]; People v Sheppard , 149 AD3d 1569 , 1569 [4th Dept 2017], lv denied 29 NY3d 1133 [2017]; People v Jones , 118 AD3d 1354, 1354 [4th Dept 2014], lv denied 24 NY3d 961 [2014]).
discussed Cited as authority (rule) People v. Tisdale
N.Y. App. Div. · 2022 · confidence medium
However, it is unpreserved for our review inasmuch as defendant did not move to withdraw his guilty plea or vacate the judgment of conviction ( see generally People v Bush , 38 NY3d 66 , 70 [2022]; People v Sheppard , 149 AD3d 1569 , 1569 [4th Dept 2017], lv denied 29 NY3d 1133 [2017]; People v Jones , 118 AD3d 1354, 1354 [4th Dept 2014], lv denied 24 NY3d 961 [2014]).
discussed Cited as authority (rule) People v. Morrow
N.Y. App. Div. · 2018 · confidence medium
Defendant failed to preserve for our review his contention that his plea was not knowingly, intelligently, or voluntarily entered inasmuch as he did not move to withdraw his guilty plea or vacate the judgment of conviction ( see People v Sheppard , 149 AD3d 1569 , 1569 [4th Dept 2017], lv denied 29 NY3d 1133 [2017]; People v Jones , 118 AD3d 1354, 1354 [4th Dept 2014], lv denied 24 NY3d 961 [2014]).
discussed Cited as authority (rule) People v. Mason
N.Y. App. Div. · 2016 · confidence medium
Although the drug court contract contained a written waiver of the right to appeal, County Court did not conduct any colloquy concerning that waiver at the plea proceeding in 2010, and we conclude that the contract alone is insufficient to establish a valid waiver in appeal No. 1 (see People v Brown, 140 AD3d 1682, 1683 [2016]; People v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; see generally People v Bradshaw, 18 NY3d 257, 265 [2011]).
discussed Cited as authority (rule) People v. Mason
N.Y. App. Div. · 2016 · confidence medium
Although the drug court contract contained a written waiver of the right to appeal, County Court did not conduct any colloquy concerning that waiver at the plea proceeding in 2010, and we conclude that the contract alone is insufficient to establish a valid waiver in appeal No. 1 (see People v Brown, 140 AD3d 1682, 1683 [2016]; People v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; see generally People v Bradshaw, 18 NY3d 257, 265 [2011]).
discussed Cited as authority (rule) People v. Farmer
N.Y. App. Div. · 2015 · confidence medium
Nevertheless, “[a]lthough defendant’s contention that the plea was not knowingly, voluntarily, and intelligently entered thus is not precluded by the invalid waiver, he failed to preserve that contention for our review inasmuch as he did not move to withdraw the plea or to vacate the judgment of conviction” (P eople v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; see People v Wilson, 117 AD3d 1476, 1477 [2014]).
discussed Cited as authority (rule) People v. Farmer
N.Y. App. Div. · 2015 · confidence medium
Nevertheless, “[a]lthough defendant’s contention that the plea was not knowingly, voluntarily, and intelligently entered thus is not precluded by the invalid waiver, he failed to preserve that contention for our review inasmuch as he did not move to withdraw the plea or to vacate the judgment of conviction” (P eople v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; see People v Wilson, 117 AD3d 1476, 1477 [2014]).
discussed Cited as authority (rule) People v. Munson
N.Y. App. Div. · 2014 · confidence medium
Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that his plea was not knowing and voluntary (see People v Jones, 118 AD3d 1354, 1354 [2014]).
discussed Cited as authority (rule) People v. Munson
N.Y. App. Div. · 2014 · confidence medium
Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that his plea was not knowing and voluntary (see People v Jones, 118 AD3d 1354, 1354 [2014]).
discussed Cited "see" RAWSON, DONALD, PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
“Despite the existence of a written appeal waiver form signed by defendant and his attorney, no questions were asked of defendant about the appeal waiver and his understanding thereof” (People v Frysinger, 111 AD3d 1397, 1398 ; see People v Jones, 118 AD3d 1354, 1354 , lv denied 24 NY3d 961 ; cf. People v Griffin, 120 AD3d 1569, 1569-1570 ).
discussed Cited "see" People v. Rawson
N.Y. App. Div. · 2015 · signal: see · confidence high
“Despite the existence of a written appeal waiver form signed by defendant and his attorney, no questions were asked of defendant about the appeal waiver and his understanding thereof” (People v Frysinger, 111 AD3d 1397, 1398 [2013]; see People v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; cf. People v Griffin, 120 AD3d 1569, 1569-1570 [2014]).
discussed Cited "see" People v. Rawson
N.Y. App. Div. · 2015 · signal: see · confidence high
“Despite the existence of a written appeal waiver form signed by defendant and his attorney, no questions were asked of defendant about the appeal waiver and his understanding thereof” (People v Frysinger, 111 AD3d 1397, 1398 [2013]; see People v Jones, 118 AD3d 1354, 1354 [2014], lv denied 24 NY3d 961 [2014]; cf. People v Griffin, 120 AD3d 1569, 1569-1570 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jeremiah Jones
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 2014.
118 A.D.3d 1354
Centra, Dejoseph, Lindley, Sconiers, Valentino.
Cited by 16 opinions  |  Published

Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), rendered February 1, 2011. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (two counts).

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

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of two counts of burglary in the third degree (Penal Law § 140.20). We agree with defendant that he did not knowingly waive his right to appeal. “Although the record establishes that defendant executed a written waiver of the right to appeal, there was no colloquy between County Court and defendant regarding the waiver of the right to appeal to ensure that it was knowingly, voluntarily and intelligently entered” (People v Carno, 101 AD3d 1663, 1664 [2012], lv denied 20 NY3d 1060 [2013]; see People v Briggs, 115 AD3d 1245, 1246 [2014]). Although defendant’s contention that the plea was not knowingly, voluntarily, and intelligently entered thus is not precluded by the invalid waiver, he failed to preserve that contention for our review inasmuch as he did not move to withdraw the plea or to vacate the judgment of conviction (see People v Robinson, 112 AD3d 1349, 1349 [2013]). Contrary to his contention, “this case does not fall within the rare exception to the preservation requirement because nothing in the plea allocution calls into question the voluntariness of the plea or casts ‘significant doubt’ upon his guilt” (id. at 1349, quoting People v Lopez, 71 NY2d 662, 666 [1988]). The court did not abuse its discretion in terminating defendant from the drug treatment program after he violated the conditions of the program (see CPL 216.05 [9] [c]; People v Dawley, 96 AD3d 1108, 1109 [2012], lv denied 19 NY3d 1025 [2012]). The[*1355] sentence is not unduly harsh or severe.

Present—Centra, J.P, Lindley, Sconiers, Valentino and DeJoseph, JJ.