People v. Green, 122 A.D.3d 1342 (N.Y. App. Div. 2014). · Go Syfert
People v. Green, 122 A.D.3d 1342 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Martin (nyappdiv, 2023-12-22)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Martin
N.Y. App. Div. · 2023 · confidence medium
As a preliminary matter, we note that it is unnecessary to review defendant's challenge to his waiver of the right to appeal inasmuch as "none of the issues he raised would be foreclosed from review by a valid waiver of the right to appeal" ( People v Irby , 158 AD3d 1050 , 1051 [4th Dept 2018], lv denied 31 NY3d 1014 [2018]; see People v Perkins , 162 AD3d 1641 , 1642-1643 [4th Dept 2018]; People v Green , 122 AD3d 1342, 1343 [4th Dept 2014]).
discussed Cited as authority (rule) People v. Crosby
N.Y. App. Div. · 2021 · confidence medium
Although defendant preserved that contention for our review by moving to withdraw the pleas ( see People v Long , 183 AD3d 1275, 1276 [4th Dept 2020], lv denied 35 NY3d 1046 [2020], reconsideration denied 35 NY3d 1095 [2020]; People v Green , 122 AD3d 1342, 1343 [4th Dept 2014]), we nevertheless reject defendant's contention on the merits. "[P]ermission to withdraw a guilty plea rests solely within the court's discretion . . . , and refusal to permit withdrawal does not constitute an abuse of that discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea" ( …
discussed Cited as authority (rule) People v. Beardsley
N.Y. App. Div. · 2019 · confidence medium
Defendant's contention that the court erred in summarily denying his motion to withdraw his pleas in appeal Nos. 2 and 3 survives his valid waiver of the right to appeal only to the extent that it concerns the voluntariness of the pleas ( see People v Green , 122 AD3d 1342, 1343 [4th Dept 2014]; see also People v Mobayed , 158 AD3d 1221 , 1222 [4th Dept 2018], lv denied 31 NY3d 1015 [2018]).
discussed Cited as authority (rule) People v. Walters
N.Y. App. Div. · 2017 · confidence medium
Although defendant’s contention in both appeals that the pleas were not knowingly, voluntarily, and intelligently entered survives his valid waiver of the right to appeal (see People v Green, 122 AD3d 1342, 1343 [2014]), that contention is not preserved for our review (see People v Darling, 125 AD3d 1279, 1279 [2015], lv denied 25 NY3d 1071 [2015]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2017 · confidence medium
To the extent that defendant contends that the plea was not knowing, voluntary and intelligent because the court failed to conduct a sufficient inquiry to determine whether she understood the consequences of the plea, that contention also *1952 survives her valid waiver of the right to appeal (see People v Green, 122 AD3d 1342, 1343 [2014]; People v Povoski, 78 AD3d 1533, 1533 [2010], lv denied 16 NY3d 799 [2011]).
discussed Cited as authority (rule) People v. Days
N.Y. App. Div. · 2017 · confidence medium
Here, consistent with the remittal, “the court provided defendant with ample opportunity to present his claims in support of his motion to withdraw his plea” (People v Green, 122 AD3d 1342, 1343-1344 [2014]).
discussed Cited as authority (rule) People v. Rosekrans
N.Y. App. Div. · 2017 · confidence medium
We cannot conclude that defendant’s initial, contradictory, and self-serving attempts to evade responsibility for his criminal actions fall within the category of a prior consistent statement (see generally People v Buie, 86 NY2d 501, 509-511 [1995]; People v Green, 122 AD3d 1342, 1344 [2014]), especially given that “ ‘nothing in the plea colloquy casts significant doubt on defendant’s guilt or the voluntariness of the plea’ ” (People v Brinson, 130 AD3d 1493, 1493 [2015], lv denied 26 NY3d 965 [2015]).
discussed Cited as authority (rule) People v. Rosekrans
N.Y. App. Div. · 2017 · confidence medium
We cannot conclude that defendant’s initial, contradictory, and self-serving attempts to evade responsibility for his criminal actions fall within the category of a prior consistent statement (see generally People v Buie, 86 NY2d 501, 509-511 [1995]; People v Green, 122 AD3d 1342, 1344 [2014]), especially given that “ ‘nothing in the plea colloquy casts significant doubt on defendant’s guilt or the voluntariness of the plea’ ” (People v Brinson, 130 AD3d 1493, 1493 [2015], lv denied 26 NY3d 965 [2015]).
discussed Cited as authority (rule) People v. Rosekrans
N.Y. App. Div. · 2017 · confidence medium
We cannot conclude that defendant’s initial, contradictory, and self-serving attempts to evade responsibility for his criminal actions fall within the category of a prior consistent statement (see generally People v Buie, 86 NY2d 501, 509-511 [1995]; People v Green, 122 AD3d 1342, 1344 [2014]), especially given that “ ‘nothing in the plea colloquy casts significant doubt on defendant’s guilt or the voluntariness of the plea’ ” (People v Brinson, 130 AD3d 1493, 1493 [2015], lv denied 26 NY3d 965 [2015]).
discussed Cited as authority (rule) People v. Carr
N.Y. App. Div. · 2017 · confidence medium
First, defendant’s contention that he mistakenly believed that he faced a maximum term of incarceration of life without the possibility of parole is supported only by defendant’s own self-serving statements (see People v Green, 122 AD3d 1342, 1343-1344 [2014]), and is belied by the transcript of the plea colloquy (see generally People v Manor, 121 AD3d 1581 , 1582 [2014], affd 27 NY3d 1012 [2016]).
discussed Cited as authority (rule) People v. Carr
N.Y. App. Div. · 2017 · confidence medium
First, defendant’s contention that he mistakenly believed that he faced a maximum term of incarceration of life without the possibility of parole is supported only by defendant’s own self-serving statements (see People v Green, 122 AD3d 1342, 1343-1344 [2014]), and is belied by the transcript of the plea colloquy (see generally People v Manor, 121 AD3d 1581 , 1582 [2014], affd 27 NY3d 1012 [2016]).
discussed Cited as authority (rule) People v. Alfred
N.Y. App. Div. · 2016 · confidence medium
We reject defendant’s contention that County Court abused its discretion in denying his motion to withdraw his guilty plea without conducting an evidentiary hearing. “ ‘When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances’ ” (People v Manor, 27 NY3d 1012, 1013 [2016], quoting People v Brown, 14 NY3d 113, 116 [2010]; see People v Tinsley, 35 NY2d 926, 927 [1974]; People v Green, 122 AD3d 1342, 1343 [2014]).
discussed Cited as authority (rule) People v. Alfred
N.Y. App. Div. · 2016 · confidence medium
We reject defendant’s contention that County Court abused its discretion in denying his motion to withdraw his guilty plea without conducting an evidentiary hearing. “ ‘When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted only in rare instances’ ” (People v Manor, 27 NY3d 1012, 1013 [2016], quoting People v Brown, 14 NY3d 113, 116 [2010]; see People v Tinsley, 35 NY2d 926, 927 [1974]; People v Green, 122 AD3d 1342, 1343 [2014]).
discussed Cited "see" HAMPTON, CRYSTAPHER, PEOPLE v
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendant was afforded a “reasonable opportunity to present his contentions[,]” and we conclude that nothing further was required in this case (People v Tinsley, 35 NY2d 926, 927 ; see People v Green, 122 AD3d 1342, 1343-1344 ; see generally People v Brown, 14 NY3d 113, 116 ).
discussed Cited "see" People v. Hampton
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendant was afforded a “reasonable opportunity to present his contentions [,]” and we conclude that nothing further was required in this case (People v Tinsley, 35 NY2d 926, 927 [1974]; see People v Green, 122 AD3d 1342, 1343-1344 [2014]; see generally People v Brown, 14 NY3d 113, 116 [2010]).
discussed Cited "see" People v. Hampton
N.Y. App. Div. · 2016 · signal: see · confidence high
Defendant was afforded a “reasonable opportunity to present his contentions [,]” and we conclude that nothing further was required in this case (People v Tinsley, 35 NY2d 926, 927 [1974]; see People v Green, 122 AD3d 1342, 1343-1344 [2014]; see generally People v Brown, 14 NY3d 113, 116 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Curlie Green
Appellate Division of the Supreme Court of the State of New York.
Nov 14, 2014.
122 A.D.3d 1342
Lindley, Peradotto, Sconiers, Scudder, Valentino.
Cited by 21 opinions  |  Published

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered January 2, 2013. The judgment convicted defendant, upon his plea of guilty, of rape in the[*1343] first degree, robbery in the second degree (three counts) and robbery in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [1]), three counts of robbery in the second degree (§ 160.10 [2] [b]), and robbery in the third degree (§ 160.05). Contrary to defendant’s contention, the record establishes that his waiver of the right to appeal was made knowingly, voluntarily and intelligently (see People v Lopez, 6 NY3d 248, 256 [2006]). Defendant’s valid waiver of the right to appeal encompasses his contentions that Supreme Court erred in denying his motions to suppress the physical evidence seized from his home and the identification evidence (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Williams, 36 NY2d 829, 830 [1975], cert denied 423 US 873 [1975]; People v Jenkins, 117 AD3d 1528, 1529 [2014], lv denied 23 NY3d 1063 [2014]). The waiver also encompasses his contention that the sentence is unduly harsh and severe (see Lopez, 6 NY3d at 255). In any event, we conclude that the contentions with respect to the suppression motions and the sentence are without merit.

Defendant’s contention that the plea was not knowing and voluntary survives his valid waiver of the right to appeal (see People v Lawrence, 118 AD3d 1501, 1501 [2014]), and defendant preserved that contention for our review by moving to withdraw the plea (see People v Lopez, 71 NY2d 662, 665 [1988]). We nevertheless conclude that defendant’s contention is belied by the record inasmuch as there is nothing in the record to cast doubt on the voluntariness of the plea (see People v Knoxsah, 94 AD3d 1505, 1505 [2012]). The record establishes that defendant pleaded guilty voluntarily, that he had ample time to discuss the plea with his attorney, and that he admitted the factual allegations of each of the five counts of the indictment.

We reject defendant’s contention that the court abused its discretion in denying his motion to withdraw his plea without conducting a hearing. Defendant alleged that he was coerced by his attorney to plead guilty to crimes of which he was innocent. “When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry ‘rest[s] largely in the discretion of the Judge to whom the motion is made’ and a hearing will be granted only in rare instances” (People v Brown, 14 NY3d 113, 116 [2010], quoting People v Tinsley, 35 NY2d 926, 927 [1974]). Here, the court provided defendant with ample opportunity to present his claims in support of his motion to[*1344] withdraw his plea (see People v Walker, 114 AD3d 1257, 1258 [2014], lv denied 23 NY3d 1044 [2014]), and there was nothing in the record, with the exception of defendant’s self-serving statements and his attorney’s assertions made upon information and belief, that supported his allegation that he was coerced into pleading guilty (cf. Brown, 14 NY3d at 117).

Present— Scudder, EJ., Peradotto, Lindley, Sconiers and Valentino, JJ.