People v. Pickett, 128 A.D.3d 1275 (N.Y. App. Div. 3d Dep't 2015). · Go Syfert
People v. Pickett, 128 A.D.3d 1275 (N.Y. App. Div. 3d Dep't 2015). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 2 distinct courts.
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At page 1276 Reviewing plea claims for preservation and sufficiency19 citing cases“made no statements during the plea colloquy that would bring this matter within the narrow exception to the preservation requirement”2 citing courts quote it · 16 listed here
  • People v. Martinez, 2018 NY Slip Op 8196 (N.Y. App. Div. 3d Dep't 2018).published
    To the extent that defendant's contention in this respect involves matters outside of the record, it is more appropriately raised in a motion pursuant to CPL article 440 ( see People v Pickett , 128 AD3d 1275, 1276 [2015], lvs denied 26 NY…
  • People v. Howe, 2018 NY Slip Op 5631 (N.Y. App. Div. 3d Dep't 2018).published
    Given our review of the record, the advantageous plea agreement negotiated by counsel and defendant's acknowledgement during the plea allocution that he had sufficient time to discuss the matter with counsel and was satisfied with the serv…
  • People v. Tucker, 2018 NY Slip Op 3872 (N.Y. App. Div. 3d Dep't 2018).published
    Furthermore, insofar as defendant argues in his pro se supplemental brief that his counsel was ineffective by advising him to plead guilty without accurately assessing the evidence or explaining the proof needed to secure a conviction, thi…
  • People v. Tetreault, 152 A.D.3d 1081 (N.Y. App. Div. 3d Dep't 2017).published
    Were we to consider these claims, we would find that defendant’s plea was knowingly, voluntarily and intelligently entered with the benefit of meaningful representation (see People v Briggs, 138 AD3d 1355, 1356 [2016], lv denied 28 NY3d 92…
  • People v. Husain, 56 Misc. 3d 73 (N.Y. App. Term. 2017).published
    The People charged defendant, in a factually sufficient accusatory instrument, with standing or parking a vehicle in front of a public or private driveway in violation of Vehicle and Traffic Law § 1202 “(2D).” The Criminal Court (Michelle…
  • People v. Williams, 150 A.D.3d 1549 (N.Y. App. Div. 3d Dep't 2017).published
    To the extent that defendant’s ineffective assistance of counsel claim involves matters outside of the record, it is more properly pursued in a motion pursuant to CPL article 440 (see People v Lewis, 143 AD3d 1183, 1185 [2016]; People v Pi…
  • People v. Dolberry, 147 A.D.3d 1149 (N.Y. App. Div. 3d Dep't 2017).published
    The balance of defendant’s ineffective assistance of counsel claims concern matters that are outside of the record on appeal and are more appropriately addressed in a motion to vacate pursuant to CPL article 440 (see People v Clark, *1151…
  • People v. Doane, 145 A.D.3d 1088 (N.Y. App. Div. 3d Dep't 2016).published
    Inasmuch as the balance of defendant’s claims concern what counsel advised him or other matters that are outside of the record on appeal, those claims are more appropriately addressed in a motion pursuant to CPL article 440 where a record…
  • People v. Clark, 142 A.D.3d 723 (N.Y. App. Div. 3d Dep't 2016).published 3 cites
    Initially, "[w]hile defendant's waiver of his right to appeal does not bar his ineffective assistance of counsel claim insofar as it relates to the voluntariness of his plea, his failure to move to withdraw his plea or vacate the judgment…
  • People v. Beverly, 140 A.D.3d 1400 (N.Y. App. Div. 3d Dep't 2016).published
    Defendant’s claims that his guilty plea was not voluntary and that counsel failed to provide effective assistance with respect to the plea survive the appeal waiver, but were not preserved for our review by an appropriate postallocution mo…
Show 6 more citing cases
  • People v. Griffith, 136 A.D.3d 1114 (N.Y. App. Div. 3d Dep't 2016).published 4 cites
    We note that it was not necessary for defendant to engage in a factual recitation of the elements of the crime and that his affirmative responses to the court’s questions were sufficient to establish his guilt (see People v Pickett, 128 AD…
  • People v. DeAngelo, 136 A.D.3d 1119 (N.Y. App. Div. 3d Dep't 2016).published 2 cites
    Defendant’s contention that his plea was not knowing and voluntary was not preserved by an appropriate postallocution motion and, inasmuch as defendant did not make any statements during the allocution that were inconsistent with his guilt…
  • People v. Clark, 135 A.D.3d 1239 (N.Y. App. Div. 3d Dep't 2016).published
    Defendant’s claim that his guilty plea was involuntary due to the ineffective assistance of counsel primarily concerns matters that are outside the record on appeal and are more properly pursued in a motion pursuant to CPL article 440 (see…
  • People v. Butler, 134 A.D.3d 1349 (N.Y. App. Div. 3d Dep't 2015).published 2 cites
    Defendant’s claims that his guilty plea was not voluntary and that the plea allocution was not factually sufficient are not preserved for our review as the record does not reflect that he made an appropriate postallocution motion (see Peop…
  • People v. Tamah, 133 A.D.3d 923 (N.Y. App. Div. 3d Dep't 2015).published
    Moreover, defendant did not make any statements during the plea colloquy that would trigger the narrow exception to the preservation rule (see People v Pickett, 128 AD3d 1275, 1276 [2015], lv denied 26 NY3d 930 [2015]; People v Watson, 115…
  • People v. Songa, 132 A.D.3d 1071 (N.Y. App. Div. 3d Dep't 2015).published
    Further, his assertion that he was denied the effective assistance of counsel implicates matters outside of the record and is therefore more appropriately addressed in the context of a CPL article 440 motion (see People v Pickett, 128 AD3d…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Isiah Pickett, Also Known as Trife, Also Known as Ike
Appellate Division of the Supreme Court of the State of New York.
May 28, 2015.
Published opinion
128 A.D.3d 1275
Lynch.
Cited by 20 opinions  |  Published
Lynch, J.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 19, 2012, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of 13 charges contained in an indictment stemming from his sale of cocaine on multiple occasions, defendant[*1276] entered a guilty plea to criminal sale of a controlled substance in the third degree. Defendant was sentenced in accordance with the plea agreement to a prison term of five years, with three years of postrelease supervision, and ordered to pay restitution. He now appeals.

We affirm.* Defendant’s claims that his guilty plea was not voluntary, that the plea allocution was not factually sufficient, and that he was not afforded the effective assistance of counsel were not preserved for our review, as he did not raise them in an appropriate postallocution motion and he made no statements during the plea colloquy that would bring this matter within the narrow exception to the preservation requirement (see CPL 220.60 [3]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Skidds, 123 AD3d 1342, 1342-1343 [2014], lv denied 25 NY3d 992 [Apr. 20, 2015]). In any event, these claims lack merit. It was not necessary for defendant to personally recite the elements of the crime or engage in a factual recitation, and his “unequivocal affirmative responses to County Court’s questions were sufficient to establish the elements of the crime charged” (People v Smith, 112 AD3d 1232, 1233 [2013], lv denied 22 NY3d 1203 [2014] [internal quotation marks and citations omitted]; see People v Seeber, 4 NY3d 780, 781 [2005]). Further, the record reflects that defendant was advised of the rights he was relinquishing by pleading guilty and the related consequences, he understood them and had adequate time to confer with counsel, and he entered the guilty plea voluntarily.

Moreover, defendant’s ineffective assistance of counsel claims predominantly concern what counsel advised him or other matters outside the record on appeal which are more properly pursued in a motion pursuant to CPL article 440, where a record could be made (see People v Jerome, 98 AD3d 1188, 1189 [2012], lv denied 20 NY3d 987 [2012]). Given, among other considerations, the advantageous plea agreement negotiated by counsel that greatly reduced defendant’s sentencing exposure and defendant’s acknowledged satisfaction, during the plea allocution, of counsel’s representation, we find that the record fails to support defendant’s claim that he was deprived of meaningful representation (see People v Mitchell, [*1277] 73 AD3d 1346, 1347 [2010], lv denied 15 NY3d 922 [2010]; People v Corbett, 52 AD3d 1023, 1024 [2008]). Finally, in view of defendant’s criminal history and drug-selling activity, we are not persuaded that extraordinary circumstances are present or that there was an abuse of sentencing discretion so as to warrant a reduction of the favorable, bargained-for sentence in the interest of justice (see People v White, 47 AD3d 1062, 1064 [2008], lv denied 10 NY3d 818 [2008]). Inasmuch as the plea agreement included restitution in the amount ordered and defendant did not request a hearing or otherwise challenge the amount at sentencing, his challenge to the amount of restitution ordered is unpreserved for our review and we find that corrective action is not warranted in the interest of justice (see People v Brown, 122 AD3d 1006, 1007 [2014]).

Lahtinen, J.P., Garry and Clark, JJ., concur. Ordered that the judgment is affirmed.

Defendant’s codefendant, Gary Watkins, was subsequently convicted after trial of multiple counts of both criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, including three controlled buys where defendant and Watkins acted in concert, and this Court affirmed Watkins’ judgment of conviction (People v Watkins, 121 AD3d 1425 [2014], lv denied 24 NY3d 1124 [2015]).