People v. Conyers, 227 A.D.2d 793 (N.Y. App. Div. 1996). · Go Syfert
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People v. Conyers, 227 A.D.2d 793 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
40 citation events (19 in the last 25 years) across 1 distinct court.
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Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2018 · confidence medium
Defendant further acknowledged that no one had coerced or pressured him to plead guilty and that he was doing so freely and voluntarily ( see People v Ravenell , 114 AD3d 997, 998 [2014], lv denied 23 NY3d 1041 [2014]; People v Conyers , 227 AD2d 793, 793-794 [1996], lv denied 88 NY2d 982 [1996]).
cited Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2017 · confidence medium
Further, it is apparent that defendant’s difficulties in communicating with counsel were self-imposed (see People v Conyers, 227 AD2d 793, 794 [1996], lv denied 88 NY2d 982 [1996]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2005 · confidence medium
Although defendant’s waiver of the right to appeal does not in and of itself preclude appellate review of the voluntariness of her plea (see People v Conyers, 227 AD2d 793, 793 [1996], lv denied 88 NY2d 982 [1996]), her failure to move either to withdraw the plea or to vacate the judgment of conviction generally precludes review of her challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Kelly, 3 AD3d 789, 789 [2004], lv denied 2 NY3d 801 [2004]; People v Kalenak, 2 AD3d 902, 902 [2003], lv denied 1 NY3d 629 [2004]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2003 · confidence medium
Defendant similarly waived his claim of ineffective assistance of counsel predicated on counsel’s failure to challenge the indictment or make other pretrial motions since he does not claim, and there is nothing to suggest, that these alleged failures undermined the voluntariness of his pleas (see People v Porter, 300 AD2d 698, 699 [2002], lv denied 100 NY2d 541 [2003]; People v Lynch, 256 AD2d 651 [1998], lv denied 93 NY2d 1004 [1999]; People v Conyers, 227 AD2d 793, 793 [1996], lv denied 88 NY2d 982 [1996]).
discussed Cited "see" People v. Jackson
N.Y. App. Div. · 2006 · signal: see · confidence high
Thus, “[w]hile a defendant always retains the right to challenge . . . the voluntariness of the plea” (People v Seaberg, 74 NY2d 1, 10 [1989]; see People v Conyers, 227 AD2d 793, 793 [1996], lv denied 88 NY2d 982 [1996]), a voluntary waiver of the right to appeal generally encompasses a challenge to the factual sufficiency of the plea allocution (see e.g.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Clifford Conyers
Appellate Division of the Supreme Court of the State of New York.
May 16, 1996.
227 A.D.2d 793
III.
Cited by 39 opinions  |  Published
Crew III, J.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered December 23, 1994, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

In December 1993, defendant was the subject of a six-count indictment, charging him with three counts of assault in the second degree and one count each of the crimes of resisting arrest and criminal possession of a controlled substance in the third and fourth degrees. Thereafter, defendant pleaded guilty to a single count of criminal possession of a controlled substance in the fifth degree and waived his right to appeal. Prior to sentencing, defendant made a motion to withdraw his guilty plea, which County Court denied and defendant was sentenced to the previously agreed-upon term of imprisonment of 3 to 6 years. Defendant appeals on the ground that his guilty plea was involuntary.

Defendant argues in essence that the ineffective assistance of counsel rendered by the Public Defenders assigned to his case compelled him to plead guilty, thereby rendering his plea involuntary. It should be noted that while defendant’s waiver of the right to appeal does not preclude judicial review of the voluntariness of his guilty plea (see, People v Seaberg, 74 NY2d 1, 10; People v Marziale, 182 AD2d 1035, 1036, lv denied 80 NY2d 835), it does preclude review of his claimed denial of his right to the effective assistance of counsel except insofar as the alleged ineffective assistance impacted on the voluntary nature of his plea (see, People v Wood, 207 AD2d 1001; People v Hayes, 194 AD2d 998). To the extent that this issue has been preserved for our review, there is nothing in the record to support defendant’s claim that his plea was rendered involuntary by defense counsel’s conduct.

To the contrary, the record discloses that defendant made it[*794] impossible for the Assistant Public Defender to prepare a defense by reason of defendant’s refusal to communicate with him. When County Court substituted the Public Defender as defense counsel, defendant expressed dissatisfaction with her services as well, electing to plead guilty after a trial date had been set and voir dire was under way. There is no indication that either of the attorneys assigned to defendant’s case would have been other than competent and effective had the case gone to trial. Indeed, the record reflects that the Assistant Public Defender was instrumental in procuring a favorable plea bargain on defendant’s behalf (see, People v Reid, 224 AD2d 728). It is apparent that defendant’s perceived difficulties in preparing a defense were not caused by shortcomings on the part of defense counsel but were instead self-imposed. We conclude that defendant’s plea was voluntary and that County Court correctly exercised its discretion by denying defendant’s motion to withdraw his guilty plea.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.