People v. Farrara, 145 A.D.3d 1527 (N.Y. App. Div. 4th Dep't 2016). · Go Syfert
People v. Farrara, 145 A.D.3d 1527 (N.Y. App. Div. 4th Dep't 2016). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Cited for
At page 1527 Demonstrating knowing and voluntary waiver of appeal right1 citing case
  • People v. Pierce, 151 A.D.3d 1964 (N.Y. App. Div. 4th Dep't 2017).published
    Contrary to defendant’s contention, we conclude that “[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in County Court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily w…
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The People of the State of New York
v.
Justin Farrara
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
Published opinion
145 A.D.3d 1527
Curran, Dejoseph, Scudder, Smith.
Cited by 1 opinion  |  Published

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered October 23, 2014. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree (two counts).

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 two counts of rape in the third degree (Penal Law § 130.25 [2]). Contrary to defendant’s contention, we conclude that “ ‘[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal’ ” (People v Kesick, 119 AD3d 1371, 1372 [2014]). Defendant’s valid waiver forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]).

Present—Smith, J.P., DeJoseph, Curran and Scudder, JJ.