People v. Campo, 125 A.D.3d 1058 (N.Y. App. Div. 2015). · Go Syfert
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People v. Campo, 125 A.D.3d 1058 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Adams (nyappdiv, 2017-09-14)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Adams
N.Y. App. Div. · 2017 · confidence medium
Accordingly, defendant’s challenge is both precluded by his appeal waiver and unpreserved for our review (see People v Hall, 135 AD3d 1246, 1246 [2016], lv denied 27 NY3d 998 [2016]; People v Campo, 125 AD3d 1058, 1059 [2015], lv denied 25 NY3d 1070 [2015]).
discussed Cited as authority (rule) People v. Hall
N.Y. App. Div. · 2016 · confidence medium
With regard to the amount of restitution imposed, defendant expressly consented to pay the specified amount as part of the plea agreement and waived his right to a hearing; hence, any challenge to the amount ordered is both precluded by his appeal waiver and unpreserved for our review (see People v Campo, 125 AD3d 1058, 1059 [2015], lv denied 25 NY3d 1070 [2015]). *1247 Defendant further argues that his motion pursuant to CPL 440.20 to set aside his sentence should have been granted because County Court imposed an impermissible amount of restitution without permitting him to withdraw his plea …
discussed Cited as authority (rule) People v. Petell
N.Y. App. Div. · 2015 · confidence medium
Furthermore, as the record reflects that defendant was informed during the plea colloquy that a fine up to $5,000 could be imposed as part of the sentence, the valid appeal waiver precludes defendant’s challenge to the severity of the fine imposed (see People v Campo, 125 AD3d 1058, 1059 [2015]; People v Oginski, 123 AD3d 1303, 1303 [2014]; see also People v Anderson, 99 AD3d 1034 , 1035 [2012], lv denied 20 NY3d 1009 [2013]).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2015 · confidence medium
Defendant’s valid appeal waiver — which he does not take issue with on appeal — precludes his challenge to the factual sufficiency of his plea allocution (see People v Sihounhome, 125 AD3d 1059 , 1060 [2015]; People v Devault, 124 AD3d 1140, 1141 [2015], lv denied 25 NY3d 989 [Apr. 22, 2015]), his claim of prosecutorial misconduct (see People v Debberman, 113 AD3d 929, 929 [2014]) and his assertion that his agreed-upon sentence was harsh and excessive (see People v Hall, 125 AD3d 1095, 1097 [2015]; People v Campo, 125 AD3d 1058, 1059 [2015]).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2015 · confidence medium
Defendant’s valid appeal waiver — which he does not take issue with on appeal — precludes his challenge to the factual sufficiency of his plea allocution (see People v Sihounhome, 125 AD3d 1059 , 1060 [2015]; People v Devault, 124 AD3d 1140, 1141 [2015], lv denied 25 NY3d 989 [Apr. 22, 2015]), his claim of prosecutorial misconduct (see People v Debberman, 113 AD3d 929, 929 [2014]) and his assertion that his agreed-upon sentence was harsh and excessive (see People v Hall, 125 AD3d 1095, 1097 [2015]; People v Campo, 125 AD3d 1058, 1059 [2015]).
discussed Cited as authority (rule) People v. Petell
N.Y. App. Div. · 2015 · confidence medium
Furthermore, as the record reflects that defendant was informed during the plea colloquy that a fine up to $5,000 could be imposed as part of the sentence, the valid appeal waiver precludes defendant’s challenge to the severity of the fine imposed (see People v Campo, 125 AD3d 1058, 1059 [2015]; People v Oginski, 123 AD3d 1303, 1303 [2014]; see also People v Anderson, 99 AD3d 1034 , 1035 [2012], lv denied 20 NY3d 1009 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jason Campo
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2015.
125 A.D.3d 1058
Peters.
Cited by 6 opinions  |  Published
Peters, P.J.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered June 5, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree in satisfaction of an indictment and an unrelated charge and waived his right to appeal. He was thereafter sentenced, as a second felony offender, to seven years in prison to be followed by five years of postrelease supervision. County Court also ordered defendant to pay restitution in the amount of $134,000. Defendant now appeals.

We affirm. Contrary to defendant’s contention, our review of the plea colloquy and the written waiver executed in open court establishes that defendant knowingly, intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v Fisher, 119 AD3d 1289 [2014], lv denied 24 NY3d[*1059] 1043 [2014]; People v Frasier, 105 AD3d 1079, 1080 [2013], lv denied 22 NY3d 1088 [2014]). Further, inasmuch as the record reveals that the terms of the plea agreement included restitution in the amount of $134,000 and defendant did not request a hearing or otherwise contest that amount, his claim that the amount of restitution ordered is not supported by the record is both precluded by his appeal waiver and unpreserved for our review (see People v Dishaw, 81 AD3d 1035, 1037 [2011], lv denied 16 NY3d 858 [2011]; People v Gilmour, 61 AD3d 1122, 1123-1124 [2009], lv denied 12 NY3d 925 [2009]). Finally, defendant’s appeal waiver also precludes his argument that his sentence is harsh and excessive (see People v Fisher, 119 AD3d at 1289; People v Griffin, 117 AD3d 1339 [2014]).

McCarthy, Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.