People v. Guyette, 121 A.D.3d 1430 (N.Y. App. Div. 2014). · Go Syfert
People v. Guyette, 121 A.D.3d 1430 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Blackburn (nyappdiv, 2018-08-02)
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Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Blackburn
N.Y. App. Div. · 2018 · confidence medium
Further, during the plea colloquy, defendant confirmed that he understood the proceedings and denied being under the influence of any medication or having any "medical or mental health condition" that interfered with his ability to understand what was transpiring ( see People v Stover , 123 AD3d at 1233 ; People v Guyette , 121 AD3d 1430, 1431 [2014], lv denied 27 NY3d 998 [2016]; People v Vandemark , 117 AD3d 1339, 1340 [2014], lv denied 24 NY3d 965 [2014]; People v Chavis , 117 AD3d at 1194).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2017 · confidence medium
Defendant has not contested County Court’s remedial action, and there is no indication that he was mentally impaired at the time that he entered his guilty plea (see People v Guyette, 121 AD3d 1430, 1431 [2014], lv denied 27 NY3d 998 [2016]).
discussed Cited as authority (rule) People v. Hernandez (2×)
N.Y. App. Div. · 2016 · confidence medium
As to defendant’s claims that he was denied the effective assistance of counsel, they survive his appeal waiver to the extent that they implicate the voluntariness of his guilty plea (see People v Beverly, 137 AD3d 1421, 1422 [2016]; People v Brown, 128 AD3d 1273, 1273-1274 [2015]), but defendant did not preserve these claims for our review as there is no indication in the record that defendant made an appropriate postallocution motion (see People v Broomfield, 128 AD3d 1271 , 1271- *1523 1272 [2015], lv denied 26 NY3d 1086 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]; People v Guyett…
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2016 · confidence medium
By entering into the agreement, he also waived his right to challenge the legal sufficiency of the evidence supporting the indictments (see People v Cole, 118 AD3d 1098, 1099 [2014]; People v Melendez, 48 AD3d 960, 960 [2008], lv denied 10 NY3d 962 [2008]). 1 Defendant’s claim that his guilty plea and stipulation were not voluntary in that he felt pressured is not preserved for our review in the absence of evidence that he made an appropriate *1246 and timely postallocution motion (see CPL 220.60; People v Butler, 134 AD3d 1349 , 1350 [2015], lv denied 27 NY3d 963 [2016]). 2 Moreover, defend…
discussed Cited as authority (rule) People v. Banker
N.Y. App. Div. · 2016 · confidence medium
To the extent that defendant challenges his plea as involuntary, the record does not reflect that he preserved this claim by making an appropriate postallocution motion to withdraw his plea, and his remarks during the plea allocution did not trigger the exception to the preservation doctrine (see People v Tyrell, 22 NY3d 359, 363-364 [2013]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Guyette, 121 AD3d 1430, 1430-1431 [2014]), and, given the valid waiver of appeal, defendant is precluded from challenging his negotiated sentence as harsh and excessive (see People v Lopez, 6 NY3d at 256 ).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2016 · confidence medium
Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Jackson, 128 AD3d 1279, 1280 [2015], lv denied 26 NY3d 930 [2015]; People v Guyette, 121 AD3d 1430, 1430-1431 [2014]), and, given the valid waiver of appeal, defendant is precluded from challenging his negotiated sentence as harsh and excessive (see People v Lopez, 6 NY3d at 256 ).
discussed Cited as authority (rule) People v. Blair
N.Y. App. Div. · 2016 · confidence medium
Moreover, the narrow exception to the preservation requirement was not triggered, as defendant made no statements during the plea allocution that were inconsistent with his guilt or that called into question the voluntariness of his plea (see People v Tyrell, 22 NY3d 359, 364 [2013]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Blair
N.Y. App. Div. · 2016 · confidence medium
Moreover, the narrow exception to the preservation requirement was not triggered, as defendant made no statements during the plea allocution that were inconsistent with his guilt or that called into question the voluntariness of his plea (see People v Tyrell, 22 NY3d 359, 364 [2013]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Conley
N.Y. App. Div. · 2016 · confidence medium
Defendant’s valid and uncontested waiver of the right to appeal the judgment of conviction and sentence precludes both his challenge to the agreed-upon sentence as harsh and excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Morrison, 106 AD3d 1201 , 1202 [2013], lv denied 23 NY3d 1065 [2014]) and his challenge to County Court’s denial of his application to redact certain information contained in the presentence investigation report (see People v Joslin, 130 AD3d 1093, 1093-1094 [2015], lv denied 26 NY3d 1009 [2015]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Clark
N.Y. App. Div. · 2016 · confidence medium
Defendant’s further challenge to the voluntariness of his guilty plea survives his waiver of appeal, but was not preserved for our review by an appropriate postallocution motion (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Dozier, 115 AD3d 1001, 1001 [2014], lv denied 24 NY3d 1083 [2014]).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2016 · confidence medium
Defendant challenges the voluntariness of his *1245 guilty plea, a claim that survives his uncontested waiver of the right to appeal but which is not preserved for this Court’s review given his failure to make an appropriate postallocution motion (see CPL 220.60 [3]; People v Hudson, 130 AD3d 1320, 1320 [2015]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2015 · confidence medium
The valid appeal waiver precludes his claim that his sentence is harsh and excessive (see People v Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]), as well as his challenge to County Court’s denial of his application to redact certain information contained in the presentence investigation report (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Abdul, 112 AD3d 644 , 645 [2013], lv denied 22 NY3d 1136 [2014] ).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2015 · confidence medium
The valid appeal waiver precludes his claim that his sentence is harsh and excessive (see People v Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]; People v Turner, 126 AD3d 1228, 1229 [2015]), as well as his challenge to County Court’s denial of his application to redact certain information contained in the presentence investigation report (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Abdul, 112 AD3d 644 , 645 [2013], lv denied 22 NY3d 1136 [2014] ).
discussed Cited as authority (rule) People v. Clapper
N.Y. App. Div. · 2015 · confidence medium
Moreover, defendant’s claims concern what counsel advised or promised him and the adequacy of his preparation and, as such, implicate matters outside the record before us, which are more appropriately considered in the context of a CPL article 440 motion (see People v Toback, 125 AD3d 1060, 1061-1062 [2015], lv denied 25 NY3d 993 [2015]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. O'Keefe
N.Y. App. Div. · 2015 · confidence medium
Defendant’s remaining contention, that his plea was involuntary, survives his appeal waiver but is not preserved for our review, as the record does not reflect that he made an appropriate postallocution motion (see People v Smith, 123 AD3d 1375 , 1376 [2014], lv denied 26 NY3d 935 [2015]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. DeCenzo
N.Y. App. Div. · 2015 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives his uncontested waiver of the right to appeal, this claim is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Hudson, 130 AD3d 1320, 1320 [2015]; People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Joslin
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as the failure to redact information contained in the presentence investigation report “does not involve a right of constitutional dimension going to ‘the very heart of the process’ ” (People v Lopez, 6 NY3d 248, 255 [2006], quoting People v Hansen, 95 NY2d 227, 230 [2000]), defend *1094 ant’s challenge to County Court’s denial of his application to redact the information is precluded by his appeal waiver (see People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Abdul, 112 AD3d 644 , 645 [2013], lv denied 22 NY3d 1136 [2014]; People v Moquette, 200 AD2d 854, 854 [1994], …
discussed Cited as authority (rule) People v. Kuhlmann
N.Y. App. Div. · 2015 · confidence medium
Defendant’s further challenge to his guilty plea as involuntary was not, as he claims, preserved for our review by an appropriate postallocution motion to withdraw his guilty plea (see People v Guyette, 121 AD3d 1430, 1431 [2014]), and he did not make any statements during the plea allocution that triggered the narrow exception to the preservation requirement (see People v Tyrell, 22 NY3d 359, 363-364 [2013]; People v Lopez, 71 NY2d 662, 665-666 [1988]).
discussed Cited as authority (rule) People v. Martinez
N.Y. App. Div. · 2015 · confidence medium
Initially, defendant’s challenge to his waiver of appeal as not knowing, voluntary or intelligent lacks merit, as the plea colloquy reflects that Supreme Court made clear its separate and distinct nature, and confirmed that defendant had read the written waiver of appeal before signing it and after discussing it with counsel (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Guyette, 121 AD3d 1430, 1430-1431 [2014]).
discussed Cited as authority (rule) People v. McMillan
N.Y. App. Div. · 2015 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives his uncontested waiver of the right to appeal (see People v Moses, 110 AD3d 1118, 1118 [2013]), it is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. McMillan
N.Y. App. Div. · 2015 · confidence medium
Although defendant’s challenge to the voluntariness of his plea survives his uncontested waiver of the right to appeal (see People v Moses, 110 AD3d 1118, 1118 [2013]), it is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Guyette, 121 AD3d 1430, 1431 [2014]).
discussed Cited as authority (rule) People v. Broomfield
N.Y. App. Div. · 2015 · confidence medium
With regard to defendant’s claims that he received ineffective assistance of counsel, they survive his appeal waiver to the extent that they implicate the voluntariness of his plea, but they were not preserved by a postallocution motion (see People v Guyette, 121 AD3d 1430, 1432 [2014]).
discussed Cited as authority (rule) People v. Broomfield
N.Y. App. Div. · 2015 · confidence medium
With regard to defendant’s claims that he received ineffective assistance of counsel, they survive his appeal waiver to the extent that they implicate the voluntariness of his plea, but they were not preserved by a postallocution motion (see People v Guyette, 121 AD3d 1430, 1432 [2014]).
discussed Cited as authority (rule) People v. Beblowski
N.Y. App. Div. · 2015 · confidence medium
Although his ineffective assistance of counsel argument survives the appeal waiver to the extent that it implicates the voluntariness of his plea, it is also unpreserved for our review given the absence of an appropriate postallocution motion (see People v Smith, 123 AD3d 1375, 1376 [2014]; People v Guyette, 121 AD3d 1430, 1431-1432 [2014]). *1506 Lahtinen, Rose and Devine, JJ., concur.
discussed Cited as authority (rule) People v. Burritt
N.Y. App. Div. · 2015 · confidence medium
Although defendant’s assertion that his plea was not knowing, voluntary or intelligent is not precluded by his waiver of appeal (see People v Guyette, 121 AD3d 1430, 1431 [2014] ; People v Osgood, 111 AD3d 1029 , 1030 [2013], lv denied 22 NY3d 1089 [2014]), such challenge was not preserved for our review as defendant failed to move to withdraw his guilty plea (see People v Velazquez, 125 AD3d 1063, 1064 [2015]; People v Johnson, 115 AD3d 1066, 1066 [2014]).
discussed Cited as authority (rule) People v. Smalls
N.Y. App. Div. · 2015 · confidence medium
Assuming that this claim survives defendant’s appeal waiver (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]), which he does not challenge, it is nonetheless unpreserved for our review inasmuch as he did not make an appropriate postallocution motion to withdraw his guilty plea (see People v Guyette, 121 AD3d 1430, 1431 [2014]).
cited Cited as authority (rule) People v. Turner
N.Y. App. Div. · 2015 · confidence medium
Nevertheless, his assertion is unpreserved due to his failure to raise his challenge in the appropriate postallocution motion (see People v Guyette, 121 AD3d 1430, 1432 [2014]).
discussed Cited as authority (rule) People v. Cogdell
N.Y. App. Div. · 2015 · confidence medium
As a preliminary matter, inasmuch as the record does not reflect that defendant waived his right to appeal (compare People v Guyette, 121 AD3d 1430, 1431 [2014]), and because defendant did not enter his plea until after County Court denied his request to suppress the drugs in question (compare People v Morrison, 106 AD3d 1201 , 1202 [2013], lv denied 23 NY3d 1065 [2014]), defendant’s challenge to County Court’s denial of his suppression motion survives his guilty plea (see CPL 710.70 [2]; People v Rasul, 121 AD3d 1413 , 1415 n [2014]).
discussed Cited as authority (rule) People v. Kormos
N.Y. App. Div. · 2015 · confidence medium
Notably, defendant’s valid waiver precludes any challenge to County Court’s suppression rulings (see People v Easter, 122 AD3d 1073, 1074 [2014]; People v Guyette, 121 AD3d 1430, 1431 [2014]; People v Lewis, 118 AD3d 1125, 1125 [2014], lv denied 24 NY3d 1003 [2014]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Joseph Guyette
Appellate Division of the Supreme Court of the State of New York.
Oct 30, 2014.
121 A.D.3d 1430
Clark, Egan, Lynch, McCarthy, Stein.
Cited by 29 opinions  |  Published
Egan Jr., J.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered March 25, 2013, convicting defendant upon his plea of guilty of the crimes of promoting a sexual performance by a child (10 counts) and possessing a sexual performance by a child (10 counts).

In full satisfaction of a 74-count indictment (as well as any additional charges stemming from the images seized from defendant’s residence in April 2011), defendant pleaded guilty to 10 counts of promoting a sexual performance by a child and 10 counts of possessing a sexual performance by a child and waived his right to appeal. County Court denied defendant’s subsequent request to redact certain information from the presentence investigation report and sentenced defendant to the agreed-upon prison term of 1 to 3 years on each count — said sentences to run concurrently. Defendant now appeals.

To the extent that defendant contends that his waiver of the right to appeal was invalid, we disagree. A review of the plea colloquy reveals that County Court explained the separate and distinct nature of such waiver and, further, confirmed that defendant understood the written waiver that he executed following consultation with counsel. Accordingly, we conclude that de[*1431] fendant’s waiver of the right to appeal his conviction and sentence was knowing, intelligent and voluntary (see People v Munger, 117 AD3d 1343, 1343 [2014], lv denied 23 NY3d 1040 [2014]; People v Fligger, 117 AD3d 1343, 1344 [2014], lv denied 23 NY3d 1061 [2014]; People v Graves, 113 AD3d 998, 999 [2014], lv denied 23 NY3d 1037 [2014]). In light of defendant’s valid waiver, he is precluded from challenging County Court’s suppression and Molineux rulings (see People v Lopez, 118 AD3d 1190, 1190 [2014]; People v Mattison, 94 AD3d 1157, 1158 [2012]), as well as County Court’s denial of his application to redact certain statements and information from the presentence investigation report (see People v Abdul, 112 AD3d 644, 645 [2013], lv denied 22 NY3d 1136 [2014]; People v Moquette, 200 AD2d 854, 854 [1994], lv denied 83 NY2d 874 [1994]).

Although defendant’s challenge to the voluntariness of his plea survives his valid waiver of appeal, this issue nonetheless is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v Dozier, 115 AD3d 1001, 1001 [2014]; People v Sylvan, 107 AD3d 1044, 1045 [2013], lv denied 22 NY3d 1141 [2014]).* Moreover, the narrow exception to the preservation requirement was not implicated here, as defendant did not make any statements during his plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea (see People v Hare, 110 AD3d 1117, 1117 [2013]; People v Revette, 102 AD3d 1065, 1066 [2013]). In any event, defendant’s present claim — that he is “borderline mentally retarded” — finds no support in the record. Notably, defendant expressly denied taking “any kind of drugs or medication” or “suffering from any kind of illness that would make it difficult for [him] to understand what [was] being said” during the plea colloquy, and our review of the record fails to disclose any indication that defendant suffered from an intellectual impairment that impacted the voluntariness of his plea (cf. People v Chavis, 117 AD3d 1193, 1194 [2014]; People v Rought, 90 AD3d 1247, 1248 [2011], lv denied 18 NY3d 962 [2012]).

Finally, although defendant now contends that counsel failed to properly advance and document his asserted intellectual impairments, this claim implicates matters outside the record and, as such, is more properly considered in the context of a CPL article 440 motion (cf. People v McCray, 96 AD3d 1160, 1161 [2012], lv denied 19 NY3d 1104 [2012]; People v Watson, 61 AD3d 1217, 1218 [2009], lv denied 12 NY3d 930 [2009]). The[*1432] balance of defendant’s ineffective assistance of counsel claim — to the extent that it impacts upon the voluntariness of his plea— survives defendant’s waiver of the right to appeal but is similarly unpreserved in the absence of an appropriate postal-locution motion (see People v Lazore, 102 AD3d 1017, 1017-1018 [2013]; People v Benson, 100 AD3d 1108, 1109 [2012]). Defendant’s remaining arguments, to the extent not specifically addressed, have been examined and found to be lacking in merit.

Stein, J.E, McCarthy, Lynch and Clark, JJ., concur.

Ordered that the judgment is affirmed.

The letter authored by defendant’s father seeking to withdraw defendant’s plea fails to constitute an appropriate postallocution motion.