unchallenged waiver in New York

2023Although this claim survives defendant's unchallenged waiver of appeal ( see People v Barney , 215 AD3d 1137, 1139 [3d Dept 2023], lv denied 40 NY3d 927 [2023]), given that he did not move to withdraw his plea despite an opportunity to do so, this issue is unpreserved for our review ( see People v Conceicao , 26 NY3d 375, 382 [2015]; People v Kimball , 213 AD3d 1028, 1030 [3d Dept 2023], lv denied 40 NY3d 929 [2023]) and the narrow exception to the preservation requirement was not triggered ( see People v Williams , 27 NY3d 212, 214, 219-223 [2016[*2]]; People v Lopez , 71 NY2d 662, 666-667 [1

2023While defendant's challenge to the voluntariness of his plea survives the unchallenged waiver of appeal ( see People v Lomack , 217 AD3d 1281, 1282 [3d Dept 2023], lv denied 40 NY3d 951 [2023]), it is unpreserved for our review in the absence of an appropriate postallocution motion raising these claims, and the narrow exception to the preservation rule is inapplicable ( see People v Lopez , 71 NY2d 662, 665-668 [1988]; People v White , 217 AD3d 1283, 1284 [3d Dept 2023]).

2024Footnote 7: As to counts 1 and 5, to which the unchallenged waiver of appeal applies, this claim is "precluded by [defendant's] appeal waiver in the absence of any allegation that the claimed ineffectiveness induced an otherwise knowing and voluntary guilty plea" ( People v Kidd , 210 AD3d 1148, 1150 [3d Dept 2022] [internal quotation marks and citations omitted], lv denied 39 NY3d 1073 [2023]).

2024Footnote 7: As to counts 1 and 5, to which the unchallenged waiver of appeal applies, this claim is "precluded by [defendant's] appeal waiver in the absence of any allegation that the claimed ineffectiveness induced an otherwise knowing and voluntary guilty plea" ( People v Kidd , 210 AD3d 1148, 1150 [3d Dept 2022] [internal quotation marks and citations omitted], lv denied 39 NY3d 1073 [2023]).

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e

2018However, the claim has not been preserved for review as the record does not disclose that defendant made an appropriate postallocution motion, and we find that the exception to the preservation rule is inapplicable under the circumstances presented ( see People v Peque , 22 NY3d 168, 182-183 [2013]; People v Thomas , 153 AD3d 1445, 1446 [2017], lv denied 30 NY3d 1064 [2017]).

2023Although this claim survives defendant's unchallenged waiver of appeal ( see People v Barney , 215 AD3d 1137, 1139 [3d Dept 2023], lv denied 40 NY3d 927 [2023]), given that he did not move to withdraw his plea despite an opportunity to do so, this issue is unpreserved for our review ( see People v Conceicao , 26 NY3d 375, 382 [2015]; People v Kimball , 213 AD3d 1028, 1030 [3d Dept 2023], lv denied 40 NY3d 929 [2023]) and the narrow exception to the preservation requirement was not triggered ( see People v Williams , 27 NY3d 212, 214, 219-223 [2016[*2]]; People v Lopez , 71 NY2d 662, 666-667 [1

2023To the extent that defendant's claim is based upon his negative response to a compound question posed by Supreme Court during the plea allocution, the import of which response is subject to interpretation, we are satisfied from a reading of the plea proceedings as a whole that defendant's guilty plea was "a knowing, voluntary and intelligent choice among alternative courses of action" ( People v Conceicao , 26 NY3d 375, 382 [2015]).

2021Defendant's contention that he was deprived of the effective assistance of counsel at sentencing, which is premised upon counsel's failure to aggressively advocate for a more favorable sentence, does not impact the voluntariness of the plea and, therefore, is precluded by the unchallenged waiver of the right to appeal ( see People v Botts , 191 AD3d [*2]1044, 1045 [2021], lv denied 36 NY3d 1095 [2021]; People v White , 145 AD3d 1324, 1325 [2016]).

2017To the extent that defendant contends that he did not receive the effective assistance of counsel, the alleged deficiencies on *1524 the part of defense counsel do not implicate the voluntariness of the plea and, therefore, are precluded by the unchallenged waiver of the right to appeal (see People v Mahon, 148 AD3d 1303, 1303 [2017]; People v White, 145 AD3d 1324, 1325 [2016]).

2019As this claim relates to sentencing and does not implicate the voluntariness of his plea, the claim is precluded by the unchallenged waiver of appeal ( see People v Bouck , 153 AD3d 1522, 1523-1524 [2017], lv denied 30 NY3d 1017 [2017]; People v White , 145 AD3d [*2]1324, 1325 [2016]; People v Howard , 1 AD3d 718 , 719 [2003]) [FN1] .

2018With regard to the alleged deficiencies on the part of defense counsel that do not implicate the voluntariness of the plea, they are precluded by the unchallenged waiver of the right to appeal ( People v Bouck , 153 AD3d 1522, 1523-1524 [2017], lv denied 30 NY3d 1017 [2017]).

2018To the extent that defendant challenges the severity of the agreed-upon sentence, it is precluded by the unchallenged waiver of the right to appeal ( see People v Lopez , 6 NY3d 248, 256 [2006]; People v St.

2018However, defendant's challenge to the severity of the sentence is precluded by the unchallenged waiver of the right to appeal ( see People v Lopez , 6 NY3d 248, 255-256 [2006]; People v Chapman , 160 AD3d 1211 , 1211 [2018]; People v Booker , 159 AD3d 1221 , 1222 [2018]).

2026Finally, defendant's challenge to the severity of the sentence imposed, which was consistent with the favorable and negotiated plea agreement, is precluded by the unchallenged waiver of her right to appeal ( see People v Aboueida , 248 AD3d 1507 , 1507 [3d Dept 2026]; People v Tatro , 246 AD3d 1159 , 1159 [3d Dept 2026]; People v Chan , 214 AD3d 1071 , 1073 [3d Dept 2023], lv denied 40 NY3d 927 [2023]).

2026Initially, to the extent that defendant's contention can be read as a challenge to the severity of the sentence imposed, such contention is precluded by the unchallenged waiver of his right to appeal ( see People v Chan , 214 AD3d 1071 , 1073 [3d Dept 2023], lv denied 40 NY3d 927 [2023]; People v Harrington , 185 AD3d 1301, 1302 [3d Dept 2020]).

2026Initially, to the extent that defendant's contention can be read as a challenge to the severity of the sentence imposed, such contention is precluded by the unchallenged waiver of his right to appeal ( see People v Chan , 214 AD3d 1071 , 1073 [3d Dept 2023], lv denied 40 NY3d 927 [2023]; People v Harrington , 185 AD3d 1301, 1302 [3d Dept 2020]).

2026Similarly, defendant's contentions that the People improperly relied upon hearsay testimony during the grand jury proceeding and that the evidence before the grand jury was legally insufficient are also forfeited by the guilty plea ( see Hansen , 95 NY2d at 230-233 ; People v Ferreira , 237 AD3d 479 , 479 [1st Dept 2025], lv denied 44 NY3d 982 [2025]; People v Hill , 188 AD3d 1756, 1757 [4th Dept 2020], lv dismissed 37 NY3d 965 [2021], reconsideration denied 37 NY3d 1096 [2021]), and encompassed by the unchallenged waiver of the right to appeal ( see Williams , 228 AD3d at 1316; People v Frasi

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e

2024Defendant's challenge to the factual sufficiency of the plea allocution is unpreserved and also precluded by the unchallenged waiver of appeal ( see People v Dickerson , 198 AD3d 1190, 1193 [3d Dept 2021]; People v King , 185 AD3d 1090, 1091 [3d Dept 2020]; People v Letohic , 166 AD3d 1223 , 1223 [3d Dept 2018], lv denied 32 NY3d 1174 [2019]; People v Loomis , 17 AD3d 1019 , 1019 [3d Dept 2005], lv denied 5 NY3d 830 [2005]).

2024The narrow exception to the preservation rule does not apply, for defendant did not make statements during the plea colloquy negating an essential element of the crimes or casting doubt upon his guilt ( see People v Glicksman , 227 AD3d 1278 , 1279-1280 [3d Dept 2024]; People v Teele , 92 AD3d 972, 972 [3d Dept 2012]).

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e

2024Similarly, although defendant's challenge to the voluntariness of his guilty plea survives his unchallenged appeal waiver ( see People v Bond , 146 AD3d 1155, 1156 [3d Dept 2017], lv denied 29 NY3d 1076 [2017]; People v Giammichele , 144 AD3d 1320, 1320 [3d Dept 2016], lv denied 28 NY3d 1184 [2017]), this claim is unpreserved for our review absent evidence in the record of an appropriate postallocution motion ( see People v Pastor , 28 NY3d 1089, 1090 [2016]; People v Small , 166 AD3d 1237 , 1238 [3d Dept 2018]). [FN1] Moreover, defendant did not make any statements that triggered the narrow e