green
Positive treatment
10.5 score
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
People v. Finch
With respect to defendant's contention that she did not validly waive the right to a jury trial, " [d]efendant did not challenge the adequacy of the allocution related to that waiver . . . [and thus] failed to preserve for our review [her] challenge to the sufficiency of [County] [C]ourt's inquiry' " ( People v McCoy , 174 AD3d 1379 , 1381 [4th Dept 2019], lv denied 34 NY3d 982 [2019]; see People v Adger , 156 AD3d 1458, 1458 [4th Dept 2017], lv denied 31 NY3d 980 [2018], reconsideration denied 31 NY3d 1114 [2018], cert denied — US &mdash, 139 S Ct 1563 [2019]).
discussed
Cited "see"
People v. Harder
County Court engaged defendant in "an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Suttles , 107 AD3d 1467, 1468 [4th Dept 2013], lv denied 21 NY3d 1046 [2013] [internal quotation marks omitted]; see People v Lopez , 6 NY3d 248, 256 [2006]), and the record reflects that defendant "understood that the waiver of the right to appeal was separate and distinct from those rights automatically forfeited upon a plea of guilty' " ( People v Graham , 77 AD3d 1439, 1439 [4th Dept 2010], lv denied 15 NY3d 920 [2010], quoting Lopez , 6 NY…
discussed
Cited "see"
People v. McCoy
With respect to defendant's contention that she did not validly waive the right to a jury trial, "[d]efendant did not challenge the adequacy of the allocution related to that waiver [and thus] failed to preserve for our review [her] challenge to the sufficiency of the court's inquiry" ( People v Hailey , 128 AD3d 1415 , 1415 [4th Dept 2015], lv denied 26 NY3d 929 [2015]; see People v Adger , 156 AD3d 1458, 1458 [4th Dept 2017], lv denied 31 NY3d 980 [2018], reconsideration denied 31 NY3d 1114 [2018]).
discussed
Cited "see"
People v. Fox
The court "made clear that the waiver of the right to appeal was a condition of [the] plea, not a consequence thereof, and the record reflects that defendant understood that the waiver of the right to appeal was separate and distinct from those rights automatically forfeited upon a plea of guilty' " ( People v Graham , 77 AD3d 1439, 1439 [4th Dept 2010], lv denied 15 NY3d 920 [2010], quoting Lopez , 6 NY3d at 256 ; see People v Alfiere , 156 AD3d 1446 , 1446 [4th Dept 2017], lv denied 31 NY3d 980 [2018]).
discussed
Cited "see"
People v. Dix
County Court "made clear that the waiver of the right to appeal was a condition of [the] plea, not a consequence thereof, and the record reflects that defendant understood that the waiver of the right to appeal was separate and distinct from those rights automatically forfeited upon a plea of guilty' " ( People v Graham , 77 AD3d 1439, 1439 [4th Dept 2010], lv denied 15 NY3d 920 [2010], quoting Lopez , 6 NY3d at 256 ; see People v Alfiere , 156 AD3d 1446 , 1446 [4th Dept 2017], lv denied 31 NY3d 980 [2018]; People v Rogers , 81 AD3d 1320, 1320 [4th Dept 2011], lv denied 16 NY3d 862 [2011]).
discussed
Cited "see"
People v. Vickers
An agency defense is "not a complete defense[,]" but, instead, "permit[s] the jury to find [a] defendant [to be] an agent of the buyer, rather than [an agent of the] seller, and treat him [or her] accordingly" ( People v Davis , 14 NY3d 20, 24 [2009]; see People v Vickers , 156 AD3d 1236, 1237 [2017], lvs denied 31 NY3d 980 , 988 [2018]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
ABDUR-RAHMAN (Rashad)
v.
ABDUR-RAHMAN (Rashad)
Court for the Trial of Impeachments and Correction of Errors.
Mar 30, 2018.
Fahey.
Published
Fahey, J.
Applications in Criminal Cases for Leave to Appeal Denied