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Top citers, strongest first. 13 distinct citers.
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discussed
Cited as authority (rule)
People v. Jones
As for defendant's direct appeal, his claim of ineffective assistance of counsel premised on perceived deficiencies in his attorneys' respective motion practice and discovery efforts was forfeited by his unchallenged guilty plea ( see People v Darby , 206 AD3d 1165, 1169 [3d Dept 2022], lv denied 38 NY3d 1149 [2022]; People v Rutigliano , 159 AD3d 1280 , 1281 [3d Dept 2018], lv denied 31 NY3d 1121 [2018]; People v Islam , 134 AD3d 1348, 1349 [3d Dept 2015]).
discussed
Cited as authority (rule)
People v. Darby
Further, defendant's ineffective assistance of counsel arguments challenging his counsel's efforts during motion practice were forfeited by his guilty plea ( see People v Rhodes , 203 AD3d 1316, 1318 [2022]; People v Rutigliano , 159 AD3d 1280 , 1281 [2018], lv denied 31 NY3d 1121 [2018]; People v Islam , 134 AD3d 1348, 1349 [2015]) and, in any event, are without merit as they "fail to rise above hindsight second-guessing of counsel's legitimate strategic choices" ( People v Welch , 137 AD3d 1313, 1315 [2016], lv denied 27 NY3d 1141 [2016]; see People v Lubrano , 117 AD3d 1239 , 1242 [2014], l…
discussed
Cited as authority (rule)
People v. Abraham
Moreover, by pleading guilty, defendant forfeited his challenges to counsel's motion practice and discovery efforts ( see People v Rutigliano , 159 AD3d 1280 , 1281 [2018], lv denied 31 NY3d 1121 [2018]; People v Islam , 134 AD3d 1348, 1349 [2015]).
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Cited as authority (rule)
People v. Rutigliano
To the extent that her ineffective assistance claim impacts the voluntariness of the plea, it is unpreserved in light of the lack of an appropriate postallocution motion ( see People v Dolberry , 147 AD3d 1149, 1150 [2017], lv denied 29 NY3d 1078 [2017]; People v Islam , 134 AD3d 1348, 1349 [2015]).
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Cited as authority (rule)
People v. Gause
To the extent that the balance of defendant's ineffective assistance claim impacts the voluntariness of his plea, such challenges are unpreserved for our review as the record does not indicate that an appropriate postallocution motion was made ( see People v Smith , 155 AD3d 1244, 1246 [2017]; People v London , 153 AD3d 1032, 1033 [2017]; [*2]People v Islam , 134 AD3d 1348, 1349 [2015]).
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Cited as authority (rule)
People v. Sumter
Similarly, to the extent that defendant's ineffective assistance of counsel claims implicate the voluntariness of his plea, such claims survive his valid appeal waiver but are not preserved for our review absent an appropriate postallocution motion ( see People v Dubois , 150 AD3d 1562, 1563-1564 [2017]; People v Islam , 134 AD3d 1348, 1349 [2015]).
discussed
Cited as authority (rule)
People v. Dolberry
To the extent that defendant’s ineffective assistance of counsel claims raised in his supplemental pro se brief implicate the voluntariness of his plea, such claims survive his valid appeal waiver; however, these claims are not properly before us absent an appropriate postallocution motion (see People v Islam, 134 AD3d 1348, 1349 [2015]; People v Kormos, 126 AD3d 1039, 1040 [2015]).
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Cited as authority (rule)
People v. Franklin
To the extent that the balance of defendant’s ineffective assistance of counsel claim impacts the voluntariness of his plea, such claim is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Horton, 140 AD3d 1525, 1525 [2016]; People v Islam, 134 AD3d 1348, 1349 [2015]).
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Cited as authority (rule)
People v. Williams
However, those claims that relate to the voluntariness of defendant’s plea are unpreserved due to his failure to make an appropriate postallocution motion, and those claims that are unrelated to the voluntariness of his plea are foreclosed by his guilty plea (see People v Islam, 134 AD3d 1348, 1349 [2015]; People v Watkins, 121 AD3d 1425 , 1427 [2014], lv denied 24 NY3d 1124 [2015]; People v Lohnes, 112 AD3d 1148, 1150 [2013]).
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Cited as authority (rule)
People v. Toledo
To the extent that defendant’s ineffective assistance of counsel claims implicate the voluntariness of his plea, they survive his appeal waiver, but they are also not properly before us because he never moved to withdraw his plea on this ground (see People v Islam, 134 AD3d 1348, 1349 [2015]). 1 While defendant had unsuccessfully requested the assignment of a new attorney in an earlier proceeding at which he rejected an initial plea offer, he chose at the next appearance to proceed with the plea and did not thereafter move to withdraw his plea.
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Cited as authority (rule)
People v. Lobaton
Defendant’s ineffective assistance of counsel claim, raised in his pro se submission, is barred by his guilty plea and valid waiver of appeal (see People v Islam, 134 AD3d 1348, 1349 [2015]; People v Viele, 130 AD3d 1097, 1097 [2015]).
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Cited as authority (rule)
People v. Zakrzewski
To the extent that defendant’s ineffective assistance of counsel claim implicates the voluntariness of his plea, it survives his appeal waiver, but this issue is also not properly before us because of defendant’s failure to make a postallocution motion (see People v Islam, 134 AD3d 1348, 1349 [2015]).
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Cited as authority (rule)
People v. Horton
To the extent that this claim implicates the voluntariness of defendant’s guilty plea, it is also not preserved for our review due to the absence of an appropriate postallocution motion (see People v Islam, 134 AD3d 1348, 1349 [2015]; People v Griffin, 134 AD3d 1228, 1230 [2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Shafiqul Islam
v.
Shafiqul Islam
Appellate Division of the Supreme Court of the State of New York.
Dec 24, 2015.
Lahtinen.
Cited by 13 opinions | Published
Lahtinen, J.P.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered June 26, 2012, convicting defendant upon his plea of guilty of the crimes of[*1349] murder in the second degree and criminal possession of stolen property in the fourth degree (three counts).
Defendant pleaded guilty to murder in the second degree and three counts of criminal possession of stolen property in the fourth degree as charged in a four-count indictment. He was sentenced as a second felony offender to 20 years to life on the murder conviction and 2 to 4 years on each of the remaining charges. Defendant appeals.
Defendant’s sole contention on appeal is that he received the ineffective assistance of counsel. “[Defendant’s challenges to counsel’s motion practice and discovery efforts were forfeited by his guilty plea” (People v Kormos, 126 AD3d 1039, 1040 [2015] [internal quotation marks and citation omitted]). To the extent that defendant’s ineffective assistance claim impacts upon the voluntariness of his plea, it is unpreserved for our review as the record does not reflect that a postallocution motion was made (see People v Smith, 119 AD3d 1088, 1089 [2014], lv denied 24 NY3d 1089 [2014]) and reversal in the interest of justice is unwarranted (see People v Newton, 113 AD3d 1000, 1001 [2014], lv denied 23 NY3d 1041 [2014]).
McCarthy, Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed.