People v. Woods, 147 A.D.3d 1156 (N.Y. App. Div. 2017). · Go Syfert
People v. Woods, 147 A.D.3d 1156 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Haas
N.Y. App. Div. · 2022 · confidence medium
Even if the narrow exception to the preservation rule was triggered, the plea colloquy reflects that defendant understood the charge and made a knowing, voluntary and intelligent decision to plead guilty ( see People v Goldstein , 12 NY3d at 301 ; People v Woods , 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [2017]; People v Martinez , 79 AD3d at 1379 ).
discussed Cited as authority (rule) People v. Muller
N.Y. App. Div. · 2018 · confidence medium
Defendant's challenge to the voluntariness and/or factual sufficiency of his plea is unpreserved for our review in the absence of an appropriate postallocution motion ( see People v Leflore , 154 AD3d 1164, 1165 [2017], lv denied ___ NY3d ___ [Jan. 11, 2018]; People v Woods , 147 AD3d 1156, 1156-1157 [2017], lv denied 29 NY3d 1089 [2017]; People v Hankerson , 147 AD3d 1153, 1153 [2017], lv denied 29 NY3d 998 [2017]), as is his claim of coercion ( see People v Lobaton , 140 AD3d 1534, 1535 [2016], lv denied 28 NY3d 972 [2016]; People v Hudson , 130 AD3d 1320, 1320 [2015]).
discussed Cited as authority (rule) People v. Bailey
N.Y. App. Div. · 2018 · confidence medium
Defendant's challenges to the factual sufficiency and the voluntariness of his plea — the latter of which is premised upon County Court's failure to inquire as to a potential intoxication or justification defense — are unpreserved for our review as the record does not indicate that defendant made an appropriate postallocution motion ( see People v Leflore , 154 [*2]AD3d 1164, 1165 [2017]; People v Woods , 147 AD3d 1156, 1156-1157 [2017], lv denied 29 NY3d 1089 [2017]; People v Hankerson , 147 AD3d 1153, 1153 [2017], lv denied 29 NY3d 998 [2017]; People v Shipps , 136 AD3d 1113, 1113 [2016]…
discussed Cited as authority (rule) People v. Guidry
N.Y. App. Div. · 2018 · confidence medium
Although this claim survives defendant's waiver of the right to appeal ( see People v Davis , 150 AD3d 1396, 1397 [2017], lv denied 30 NY3d 1018 [2017]; People v McRae , 150 AD3d 1328, 1329 [2017], lv denied 29 NY3d 1093 [2017]), it has not been preserved for our review as the record does not reveal that defendant made an appropriate postallocution motion ( see People v Millard , 147 AD3d 1155, 1156 [2017], lv denied 29 NY3d 999 [2017]; People v Woods , 147 AD3d 1156, 1156-1157 [2017], lv denied 29 NY3d 1089 [2017]).
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2017 · confidence medium
Defendant’s claim that County Court failed to advise him that he could controvert the allegations contained in the prior felony information and that he was, therefore, improperly sentenced as a second felony offender survives his unchallenged waiver of the right to appeal, but is unpreserved due to his failure to object at sentencing despite having the opportunity to do so (see People v Berry, 152 AD3d 1080, 1080-1081 , 1081 n [2017]; People v Woods, 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [2017]; cf. People v Murdie, 134 AD3d 1353, 1354 [2015]).
discussed Cited as authority (rule) People v. Leflore
N.Y. App. Div. · 2017 · confidence medium
While defendant apparently signed separate, identical written waivers of appeal as to each matter, the court did not elicit that he had read them or was aware of their contents, or that he understood or had discussed them with counsel (see People v Bradshaw, 18 NY3d at 261-262, 265-267 ; People v Callahan, 80 NY2d 273, 283 [1992]; People v Woods, 147 AD3d 1156, 1156 [2017], lv denied 29 NY3d 1089 [2017]; People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]; compare People v Ramos, 7 NY3d 737, 738 [2006]).
discussed Cited as authority (rule) People v. Shillabeer
N.Y. App. Div. · 2017 · confidence medium
Although defendant is not foreclosed by his waiver of the right to appeal from contesting the voluntariness of his guilty plea, this claim has not been preserved for our review given that the record does not disclose that he made an appropriate postallocution motion (see People v Bonds, 148 AD3d 1304, 1305 [2017], lv denied 29 NY3d 1076 [2017]; People v Woods, 147 AD3d 1156, 1156-1157 [2017], lv denied 29 NY3d 1089 [2017]).
discussed Cited as authority (rule) People v. Clark
N.Y. App. Div. · 2017 · confidence medium
This claim, however, has not been preserved for our review as the record does not indicate that he made an appropriate postallocution motion nor does it reveal that he made any statements that would invoke the narrow exception to the preservation rule (see People v Woods, 147 AD3d 1156, 1156-1157 [2017]; People v Millard, 147 AD3d 1155, 1156 [2017], lv denied 29 NY3d 999 [2017]).
discussed Cited as authority (rule) People v. Clark
N.Y. App. Div. · 2017 · confidence medium
This claim, however, has not been preserved for our review as the record does not indicate that he made an appropriate postallocution motion nor does it reveal that he made any statements that would invoke the narrow exception to the preservation rule ( see People v Woods , 147 AD3d 1156, 1156-1157 [2017]; People v Millard , 147 AD3d 1155, 1156 [2017], lv denied 29 NY3d 999 [2017]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2017 · confidence medium
When defendant stated during the plea proceedings that he was taking psychiatric medication and had mental health problems, the court engaged in a detailed inquiry in which defendant provided repeated assurances that he understood the proceedings, was thinking clearly and was able to proceed, establishing that he was capable of voluntarily entering a guilty plea (see People v Woods, 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [June 14, 2017]; People v Duffy, 126 AD3d 1142, 1142 [2015]).
discussed Cited as authority (rule) People v. Berry
N.Y. App. Div. · 2017 · confidence medium
Defendant’s contention on appeal, that he was improperly sentenced as a predicate felony offender, survives his appeal waiver but was not preserved due to his failure to object at sentencing despite an opportunity to do so (see People *1081 v Woods, 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [June 14, 2017]; People v Lowell, 126 AD3d 1235, 1235 [2015], lv denied 25 NY3d 1167 [2015]). * Defendant was advised during the plea allocution that he was, potentially, a persistent felony offender, and thereafter provided with a copy of the predicate felony offender information.
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Accordingly, as the record does not establish that defendant appreciated the consequences of the appeal waiver, it is invalid and he is not precluded from challenging the severity of his sentence (see People v Elmer, 19 NY3d 501, 510 [2012]; People v Woods, 147 AD3d 1156, 1156 [2017]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Accordingly, as the record does not establish that defendant appreciated the consequences of the appeal waiver, it is invalid and he is not precluded from challenging the severity of his sentence (see People v Elmer, 19 NY3d 501, 510 [2012]; People v Woods, 147 AD3d 1156, 1156 [2017]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2017 · confidence medium
Accordingly, as the record does not establish that defendant appreciated the consequences of the appeal waiver, it is invalid and he is not precluded from challenging the severity of his sentence (see People v Elmer, 19 NY3d 501, 510 [2012]; People v Woods, 147 AD3d 1156, 1156 [2017]).
discussed Cited "see" People v. Peralta
N.Y. App. Div. · 2019 · signal: see · confidence high
Accordingly, since the record of the plea proceeding demonstrates that the defendant "understood the charges and made an intelligent decision to enter a plea" ( People v Goldstein , 12 NY3d at 301 ; see People v Woods , 147 AD3d at 1157 ; People v Nichols , 77 AD3d at 1340 ), we affirm the judgment of conviction.
discussed Cited "see" People v. King
N.Y. App. Div. · 2018 · signal: accord · confidence high
Moreover, "an allocution based on a negotiated plea need not elicit from a defendant specific admissions as to each element of the charged crime" ( People v Goldstein , 12 NY3d 295, 300-301 [2009]; accord People v Woods , 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [2017]), nor was County Court required to "engage in a factual recitation," as defendant's affirmative responses to the court's questions were sufficient ( People v Johnson , 153 AD3d at 1048 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Albert W. Woods
Appellate Division of the Supreme Court of the State of New York.
Feb 9, 2017.
147 A.D.3d 1156
Devine, Garry, Lynch, McCarthy, Mulvey.
Cited by 18 opinions  |  Published
Mulvey, J.

Appeal from a judgment of the County Court of Schenectady County (Loyola, J.), rendered January 28, 2015, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

In satisfaction of a 13-count indictment, defendant pleaded guilty to assault in the second degree pursuant to a plea agreement that included a waiver of appeal. Consistent with that agreement, defendant was sentenced to a prison term of three years with five years of postrelease supervision. Defendant now appeals.

We affirm. Initially, we agree with defendant that his waiver of appeal was not knowing, voluntary or intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]). County Court (Giardino, J.) did not elicit an oral waiver or discuss on the record the meaning or consequences of the waiver or its separate and distinct nature (see id.). The written waiver of appeal signed during the plea allocution is likewise deficient, as the court failed to ascertain if defendant had read it, was aware of its contents or had discussed it with his attorney (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]).

However, defendant’s challenge to the voluntariness and[*1157] factual sufficiency of his guilty plea is unpreserved for our review in the absence of an appropriate postallocution motion raising this claim, and the record does not reflect that he made any statements during the colloquy that triggered the narrow exception to the preservation requirement (see CPL 220.60 [3]; People v Williams, 27 NY3d 212, 219 [2016]; People v Lopez, 71 NY2d 662, 666 [1988]; People v Larock, 139 AD3d at 1242; People v Velazquez, 125 AD3d 1063, 1064 [2015], lv denied 25 NY3d 993 [2015]). Were the issue properly before us, we would find that the plea was knowing, voluntary and intelligent (see People v Conceicao, 26 NY3d 375, 382 [2015]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]). Contrary to defendant’s claim, his statement during the colloquy that he was taking anxiety medicine that “calms” him does not support the conclusion that he was taking medication that “clouded his judgment so as to render him incapable of voluntarily entering a guilty plea” (People v Duffy, 126 AD3d 1142, 1142 [2015]; compare People v Hennessey, 111 AD3d 1166, 1167 [2013]). Further, “an allocution based on a negotiated plea need not elicit from a defendant specific admissions as to each element of the charged crime,” and the record reflects that defendant understood the charge and “made an intelligent decision to enter a plea” (People v Goldstein, 12 NY3d 295, 301 [2009]; see People v MacDonald, 113 AD3d 968, 968 [2014]).

Finally, defendant’s contention that County Court (Loyola, J.) improperly sentenced him as a second felony offender and failed to comply with the provisions of CPL 400.21 is unpre-served for our review, as he did not object at sentencing despite the opportunity to do so (see People v Lowell, 126 AD3d 1235 [2015], lv denied 25 NY3d 1167 [2015]; People v Morse, 111 AD3d 1161, 1161-1162 [2013], lv denied 23 NY3d 1040 [2014]). Given that defendant was advised during the plea allocution that he would be sentenced as a second felony offender and admitted the predicate conviction, corrective action in the interest of justice is not warranted (see People v Lowell, 126 AD3d at 1235).

McCarthy, J.P., Garry, Lynch and Devine, JJ., concur.

Ordered that the judgment is affirmed.