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5 New York opinions name it 1 courts 2004–2020 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Habershamgreen1 sentence2020Although the colloquy included a statement that "certain things always survive," it did not contain "any clarifying language that the defendant retained the right to take an appeal after pleading guilty and that, even after waiving the right to appeal, appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court" ( People v Habersham , 186 AD3d at 854). | 1 | 1 |
People v. Seaberggreen1 sentence2004County Court answered defendant’s questions, ascertained that he understood, allowed him to confer with counsel and apprised him at length about the rights that he was foregoing and the consequences and terms of the plea and the appeal waiver which were, in all respects, voluntary, knowing and intelligent (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Hughes, 3 AD3d 736, 736-737 [2004]; People v Kirkland, 2 AD3d 1063, 1063 [2003]). | 1 | 1 |
People v. Hansengreen1 sentence2004Next, defendant’s challenge to County Court’s Molineux evidentiary ruling was forfeited by his guilty plea (see People v Campbell, 73 NY2d 481, 486 [1989]; People v Taylor, 65 NY2d 1 , 5-6 [1985]; People v Mead, 198 AD2d 612 [1993], lv denied 82 NY2d 899 [1993]; see also People v Hansen, 95 NY2d 227, 230-231 [2000]). | 1 | 1 |
People v. Hughesgreen1 sentence2004County Court answered defendant’s questions, ascertained that he understood, allowed him to confer with counsel and apprised him at length about the rights that he was foregoing and the consequences and terms of the plea and the appeal waiver which were, in all respects, voluntary, knowing and intelligent (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Hughes, 3 AD3d 736, 736-737 [2004]; People v Kirkland, 2 AD3d 1063, 1063 [2003]). | 1 | 1 |
People v. Kirklandgreen1 sentence2004County Court answered defendant’s questions, ascertained that he understood, allowed him to confer with counsel and apprised him at length about the rights that he was foregoing and the consequences and terms of the plea and the appeal waiver which were, in all respects, voluntary, knowing and intelligent (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Hughes, 3 AD3d 736, 736-737 [2004]; People v Kirkland, 2 AD3d 1063, 1063 [2003]). | 1 | 1 |
People v. Campbellgreen1 sentence2004Next, defendant’s challenge to County Court’s Molineux evidentiary ruling was forfeited by his guilty plea (see People v Campbell, 73 NY2d 481, 486 [1989]; People v Taylor, 65 NY2d 1 , 5-6 [1985]; People v Mead, 198 AD2d 612 [1993], lv denied 82 NY2d 899 [1993]; see also People v Hansen, 95 NY2d 227, 230-231 [2000]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Belfon
green
2 sentences2020The Supreme Court's colloquy mischaracterized the scope of the appeal waiver by stating that the defendant's plea and sentence would not be reviewed by a higher court ( see People v Thomas , ___ NY3d ___, ___, 2019 NY Slip Op 08545 , *6-7; People v McDowell , 181 AD3d 716 ), and "neither the [Supreme] Court's colloquy nor the written waiver form contain[ed] any language that appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court" ( People v Baptiste , 181 AD3d 696 ; see Pe 2020Neither the waiver form nor the oral colloquy contained any clarifying language that the defendant retained the right to take an appeal after pleading guilty and that, even after waiving the right to appeal, appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court ( see People v Howard , 183 AD3d 640 ; People v Baptiste , 181 AD3d 696 ). | 3 | 2020–2020 |
People v. Valentin
neutral
1 sentence2020Thus, the defendant's purported waiver of his right to appeal was invalid and does not preclude appellate review of his excessive sentence claim ( see People v Valentin , 186 AD3d 752 ; People v McTerrell , 174 AD3d 648 ). | 1 | 2020–2020 |
People v. Pelaez
green
1 sentence2020In addition, the Supreme Court never elicited an acknowledgment that the defendant was voluntarily waiving his right to appeal ( see People v Moncrieft , 168 AD3d 982 ; People v Pelaez , 100 AD3d 803 ). | 1 | 2020–2020 |
People v. Howard
green
1 sentence2020Neither the waiver form nor the oral colloquy contained any clarifying language that the defendant retained the right to take an appeal after pleading guilty and that, even after waiving the right to appeal, appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court ( see People v Howard , 183 AD3d 640 ; People v Baptiste , 181 AD3d 696 ). | 1 | 2020–2020 |
People v. Mead
green
1 sentence2004Next, defendant’s challenge to County Court’s Molineux evidentiary ruling was forfeited by his guilty plea (see People v Campbell, 73 NY2d 481, 486 [1989]; People v Taylor, 65 NY2d 1 , 5-6 [1985]; People v Mead, 198 AD2d 612 [1993], lv denied 82 NY2d 899 [1993]; see also People v Hansen, 95 NY2d 227, 230-231 [2000]). | 1 | 2004–2004 |