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16 New York opinions name it 1 courts 2003–2023 4 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. Lopezgreen2 sentences2016Prior to eliciting an oral appeal waiver, County Court adequately explained it to defendant, and thereafter ensured that he reviewed the written waiver with counsel in court before signing it, making clear that it was separate and distinct from the rights automatically forfeited upon his guilty plea (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Miner, 120 AD3d 1449, 1450 [2014]). 2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately | 4 | 7 |
People v. Bradshawgreen2 sentences2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately 2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately | 3 | 3 |
People v. Mattisongreen2 sentences2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). 2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). | 3 | 3 |
People v. Smithgreen2 sentences2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). 2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). | 3 | 3 |
People v. Shurockgreen2 sentences2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). 2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). | 3 | 3 |
People v. Callahangreen2 sentences2015Although the record contains a written appeal waiver dated the same day as the plea proceedings, there was no “attempt by the court to ascertain on the record an acknowledgment from defendant that he had, in fact, signed the waiver or that, if he had, he was aware of its contents” (People v Callahan, 80 NY2d 273, 283 [1992]; see People v Patterson, 119 AD3d 1157, 1158 [2014], lv denied 24 NY3d 1046 [2014]). 2015Although the record contains a written appeal waiver dated the same day as the plea proceedings, there was no “attempt by the court to ascertain on the record an acknowledgment from defendant that he had, in fact, signed the waiver or that, if he had, he was aware of its contents” (People v Callahan, 80 NY2d 273, 283 [1992]; see People v Patterson, 119 AD3d 1157, 1158 [2014], lv denied 24 NY3d 1046 [2014]). | 2 | 2 |
People v. Pattersongreen2 sentences2015Although the record contains a written appeal waiver dated the same day as the plea proceedings, there was no “attempt by the court to ascertain on the record an acknowledgment from defendant that he had, in fact, signed the waiver or that, if he had, he was aware of its contents” (People v Callahan, 80 NY2d 273, 283 [1992]; see People v Patterson, 119 AD3d 1157, 1158 [2014], lv denied 24 NY3d 1046 [2014]). 2015Although the record contains a written appeal waiver dated the same day as the plea proceedings, there was no “attempt by the court to ascertain on the record an acknowledgment from defendant that he had, in fact, signed the waiver or that, if he had, he was aware of its contents” (People v Callahan, 80 NY2d 273, 283 [1992]; see People v Patterson, 119 AD3d 1157, 1158 [2014], lv denied 24 NY3d 1046 [2014]). | 2 | 2 |
People v. Fiumefreddogreen2 sentences2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately 2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately | 2 | 2 |
People v. Tyrellgreen2 sentences2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately 2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately | 2 | 2 |
People v. Ocasio-Rosariogreen2 sentences2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately 2015We cannot conclude that defendant’s guilty plea was knowing, voluntary and intelligent as there was neither “an affirmative showing on the record that defendant waived his constitutional rights” (People v Tyrell, 22 NY3d at 365 [internal quotation marks and citation omitted]), nor any indication that he “consulted with his attorney about the constitutional consequences of a guilty plea” (id.; see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; compare People v Ocasio-Rosario, 120 AD3d 1463, 1464 [2014]). * We also note, with regard to the oral appeal waiver, that County Court did not adequately | 2 | 2 |
People v. Hidalgogreen2 sentences2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). 2014This is incorrect, as an oral appeal waiver may, if adequate, suffice (see People v Lopez, 6 NY3d at 257 ; People v Hidalgo, 91 NY2d 733 [1998]; People v Shurock, 83 AD3d 1342, 1342-1343 [2011]; People v Smith, 81 AD3d 1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Mattison, 74 AD3d 1495, 1495-1496 [2010], lv denied 15 NY3d 922 [2010]). | 1 | 4 |
People v. Seaberggreen2 sentences2015Further, although defendant signed a written appeal waiver in court, the court did not confirm that he had read it, was aware of its contents or had “a full appreciation of the consequences” of such waiver (People v Seaberg, 74 NY2d 1, 11 [1989]; see People v Elmer, 19 NY3d 501, 510 [2012]; People v Bradshaw, 18 NY3d 257, 264-267 [2011]). 2003Finally, in view of our finding that the plea allocution demonstrates a knowing, voluntary and intelligent guilty plea and waiver of appeal intended comprehensively to cover all aspects of this case, defendant’s challenge to County Court’s imposition of the lawful agreed-upon sentence is precluded (see People v Allen, 82 NY2d 761, 763 [19933; People v Seaberg, supra at 8-10 ; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 98 NY2d 711 [2002]; see also People v Hidalgo, 91 NY2d 733 [1998]). | 1 | 2 |
People v. Danielsgreen1 sentence2022Given the valid appeal waiver, defendant's challenge to a condition of his plea agreement — specifically the forfeiture of monies seized in connection with a prior unrelated drug conviction — is foreclosed ( see People v Sczepankowski , 293 AD2d 212, 214 [3d Dept 2002], lv denied 99 NY3d 564 [2002]; see also People v Brooks , 196 AD3d 914, 915 [3d Dept 2021]; People v Daniels , 193 AD3d 1179, 1180 [3d Dept 2021]). | 1 | 1 |
People v. Brooksgreen1 sentence2022Given the valid appeal waiver, defendant's challenge to a condition of his plea agreement — specifically the forfeiture of monies seized in connection with a prior unrelated drug conviction — is foreclosed ( see People v Sczepankowski , 293 AD2d 212, 214 [3d Dept 2002], lv denied 99 NY3d 564 [2002]; see also People v Brooks , 196 AD3d 914, 915 [3d Dept 2021]; People v Daniels , 193 AD3d 1179, 1180 [3d Dept 2021]). | 1 | 1 |
People v. Sczepankowskigreen1 sentence2022Given the valid appeal waiver, defendant's challenge to a condition of his plea agreement — specifically the forfeiture of monies seized in connection with a prior unrelated drug conviction — is foreclosed ( see People v Sczepankowski , 293 AD2d 212, 214 [3d Dept 2002], lv denied 99 NY3d 564 [2002]; see also People v Brooks , 196 AD3d 914, 915 [3d Dept 2021]; People v Daniels , 193 AD3d 1179, 1180 [3d Dept 2021]). | 1 | 1 |
People v. Rappgreen1 sentence2016Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256-257 [2006]; *1240 People v Jackson, 129 AD3d 1342, 1342 [2015]; People v Toback, 125 AD3d 1060, 1061 [2015], lv denied 25 NY3d 993 [2015]), precluding her challenges to the sentence as harsh and excessive and to the adequacy of the plea allocution (see People v Lopez, 6 NY3d at 255-256 ; People v Atkinson, 124 AD3d 1149, 1150 [2015], lv denied 25 NY3d 949 [2015]; People v Rapp, 133 AD3d 979, 979 [2015]). | 1 | 1 |
People v. Minergreen1 sentence2016Prior to eliciting an oral appeal waiver, County Court adequately explained it to defendant, and thereafter ensured that he reviewed the written waiver with counsel in court before signing it, making clear that it was separate and distinct from the rights automatically forfeited upon his guilty plea (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Miner, 120 AD3d 1449, 1450 [2014]). | 1 | 1 |
People v. Tobackgreen1 sentence2016Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256-257 [2006]; *1240 People v Jackson, 129 AD3d 1342, 1342 [2015]; People v Toback, 125 AD3d 1060, 1061 [2015], lv denied 25 NY3d 993 [2015]), precluding her challenges to the sentence as harsh and excessive and to the adequacy of the plea allocution (see People v Lopez, 6 NY3d at 255-256 ; People v Atkinson, 124 AD3d 1149, 1150 [2015], lv denied 25 NY3d 949 [2015]; People v Rapp, 133 AD3d 979, 979 [2015]). | 1 | 1 |
People v. Atkinsongreen1 sentence2016Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256-257 [2006]; *1240 People v Jackson, 129 AD3d 1342, 1342 [2015]; People v Toback, 125 AD3d 1060, 1061 [2015], lv denied 25 NY3d 993 [2015]), precluding her challenges to the sentence as harsh and excessive and to the adequacy of the plea allocution (see People v Lopez, 6 NY3d at 255-256 ; People v Atkinson, 124 AD3d 1149, 1150 [2015], lv denied 25 NY3d 949 [2015]; People v Rapp, 133 AD3d 979, 979 [2015]). | 1 | 1 |
People v. Beachgreen1 sentence2016Although County Court elicited an oral appeal waiver from defendant, the court neither explained the meaning thereof nor inquired as to whether defendant had discussed the waiver of his appellate rights with counsel (see People v Ashlaw, 126 AD3d 1236, 1237 [2015]). | 1 | 1 |
People v. Jacksongreen1 sentence2016Accordingly, we find that the appeal waiver was knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256-257 [2006]; *1240 People v Jackson, 129 AD3d 1342, 1342 [2015]; People v Toback, 125 AD3d 1060, 1061 [2015], lv denied 25 NY3d 993 [2015]), precluding her challenges to the sentence as harsh and excessive and to the adequacy of the plea allocution (see People v Lopez, 6 NY3d at 255-256 ; People v Atkinson, 124 AD3d 1149, 1150 [2015], lv denied 25 NY3d 949 [2015]; People v Rapp, 133 AD3d 979, 979 [2015]). | 1 | 1 |
People v. Monesgreen1 sentence2016While County Court elicited an oral appeal waiver from defendant, the court failed to inform him that his appeal rights were separate and distinct from those rights automatically forfeited upon his guilty plea (see id.; People v Mones, 130 AD3d 1244, 1244 [2015]). | 1 | 1 |
People v. Elmergreen1 sentence2015Further, although defendant signed a written appeal waiver in court, the court did not confirm that he had read it, was aware of its contents or had “a full appreciation of the consequences” of such waiver (People v Seaberg, 74 NY2d 1, 11 [1989]; see People v Elmer, 19 NY3d 501, 510 [2012]; People v Bradshaw, 18 NY3d 257, 264-267 [2011]). | 1 | 1 |
| People v. Kirklandgreen | 1 | 1 |
| People v. Powersgreen | 1 | 1 |
| People v. Allengreen | 1 | 1 |
| People v. McDonaldgreen | 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. Peterson
neutral
2 sentences2023These incorrect statements were not corrected by the Supreme Court during the oral appeal waiver colloquy on the record ( see People v Santillan , 200 AD3d at 1075 ). 2023Moreover, during the oral appeal waiver colloquy, the court conflated the waiver of the right to appeal with the defendant's waiver of his right to a trial by entering a plea of guilty ( see id. ; People v Chy , 184 AD3d 664, 665 ). | 1 | 2023–2023 |
People v. Suitte
green
1 sentence2023However, the sentence imposed pursuant to that judgment was not excessive ( see People v Suitte , 90 AD2d 80 ). | 1 | 2023–2023 |
People v. Chy
green
2 sentences2023Moreover, during the oral appeal waiver colloquy, the court conflated the waiver of the right to appeal with the defendant's waiver of his right to a trial by entering a plea of guilty ( see id. ; People v Chy , 184 AD3d 664, 665 ). 2023Moreover, during the oral appeal waiver colloquy, the court conflated the waiver of the right to appeal with the defendant's waiver of his right to a trial by entering a plea of guilty ( see id. ; People v Chy , 184 AD3d 664, 665 ). | 1 | 2023–2023 |
People v. Lorenzo-Perez
green
1 sentence2022Thus, 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 Lorenzo-Perez , 203 AD3d 847, 847 ). | 1 | 2022–2022 |
People v. Habersham
green
1 sentence2021In addition, the court never elicited an acknowledgment that the defendant was voluntarily waiving his right to appeal ( see People v Habersham , 186 AD3d 854 , 854-855; People v Kang , 183 AD3d 640 , 641). | 1 | 2021–2021 |
People v. Howard
green
1 sentence2021In addition, the court never elicited an acknowledgment that the defendant was voluntarily waiving his right to appeal ( see People v Habersham , 186 AD3d 854 , 854-855; People v Kang , 183 AD3d 640 , 641). | 1 | 2021–2021 |
People v. Simpson
neutral
1 sentence2021Moreover, during the oral appeal waiver colloquy, the court conflated the waiver of the right to appeal with the defendant's waiver of his right to a trial by pleading guilty ( see People v Simpson , 184 AD3d 677 , 678). | 1 | 2021–2021 |
| People v. Carpenter green | 1 | 2004–2004 |
| People v. Costa green | 1 | 2004–2004 |
| People v. Williams green | 1 | 2004–2004 |
| People v. Greene green | 1 | 2004–2004 |
| People v. Deere green | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.