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15 New York opinions name it 2 courts 2014–2026 10 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 sentences2025Any deficiency by the court in ascertaining on the record defendant's understanding of the contents of the written waiver ( see Thomas , 34 NY3d at 563, 566; People v Bradshaw , 18 NY3d 257, 266-267 [2011]; see also People v Lomax , 161 AD3d 1454 , 1455 [3d Dept 2018], lv denied 32 NY3d 1113 [2018]) is of no moment where, as here, the oral waiver was adequate ( see Lopez , 6 NY3d at 257 ; People v Witherow , 203 AD3d 1595 , 1595-1596 [4th Dept 2022]; People v Thomas , 178 AD3d 1461 , 1461 [4th Dept 2019], lv denied 35 NY3d 945 [2020]). 2024Any deficiency by the court in ascertaining on the record defendant's understanding of the contents of the written waiver ( see [*2]Thomas , 34 NY3d at 563, 566; People v Bradshaw , 18 NY3d 257, 266-267 [2011]; People v Callahan , 80 NY2d 273, 283 [1992]) is of no moment where, as here, the oral waiver was adequate ( see Lopez , 6 NY3d at 257 ; People v Witherow , 203 AD3d 1595 , 1595-1596 [4th Dept 2022]; People v Thomas , 178 AD3d 1461 , 1461 [4th Dept 2019], lv denied 35 NY3d 945 [2020]; People v Smith , 164 AD3d 1621 , 1621 [4th Dept 2018], lv denied 32 NY3d 1177 [2019]). | 5 | 6 |
People v. Bradshawgreen2 sentences2025Any deficiency by the court in ascertaining on the record defendant's understanding of the contents of the written waiver ( see Thomas , 34 NY3d at 563, 566; People v Bradshaw , 18 NY3d 257, 266-267 [2011]; see also People v Lomax , 161 AD3d 1454 , 1455 [3d Dept 2018], lv denied 32 NY3d 1113 [2018]) is of no moment where, as here, the oral waiver was adequate ( see Lopez , 6 NY3d at 257 ; People v Witherow , 203 AD3d 1595 , 1595-1596 [4th Dept 2022]; People v Thomas , 178 AD3d 1461 , 1461 [4th Dept 2019], lv denied 35 NY3d 945 [2020]). 2024Any deficiency by the court in ascertaining on the record defendant's understanding of the contents of the written waiver ( see [*2]Thomas , 34 NY3d at 563, 566; People v Bradshaw , 18 NY3d 257, 266-267 [2011]; People v Callahan , 80 NY2d 273, 283 [1992]) is of no moment where, as here, the oral waiver was adequate ( see Lopez , 6 NY3d at 257 ; People v Witherow , 203 AD3d 1595 , 1595-1596 [4th Dept 2022]; People v Thomas , 178 AD3d 1461 , 1461 [4th Dept 2019], lv denied 35 NY3d 945 [2020]; People v Smith , 164 AD3d 1621 , 1621 [4th Dept 2018], lv denied 32 NY3d 1177 [2019]). | 5 | 5 |
People v. Christopher B.green2 sentences2021Although the People cite to a written waiver that apparently was signed by the defendant, the court "failed to confirm that [the defendant] understood the contents of the written waiver[ ]" ( People v Thomas , 34 NY3d at 566; see People v Christopher B. , 184 AD3d 657, 659 ; People v Slade , 180 AD3d 1073, 1075 ). 2021Although the People cite to a written waiver that was apparently signed by the defendant, the court failed to confirm that the defendant understood the contents of the written waiver ( see People v Thomas , 34 NY3d 545 , 566; People v Kaye , 190 AD3d at 767-768 ; People v Christopher B. , 184 AD3d 657, 659 ; People v Slade , 180 AD3d 1073, 1075 ). | 1 | 2 |
People v. Hidalgogreen2 sentences2026Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (<i>see People v Lopez</i>, 6 NY3d 248, 256 [2006]; <i>People v Hidalgo</i>, 91 NY2d 733, 737 [1998]).</p> <p>Defendant further contends that the court abused its discretion in denying his motion to withdraw his guilty plea on the ground of ineffective assistance of counsel without holding a hearing. 2026Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence ( see People v Lopez , 6 NY3d 248, 256 [2006]; People v Hidalgo , 91 NY2d 733, 737 [1998]). | 1 | 1 |
People v. Mingogreen2 sentences2025Thus, the defendant's purported appeal waiver does not preclude appellate review of his statutory speedy trial or excessive sentence claims ( see People v Mingo , ___ AD3d ___, ___, 2025 NY Slip Op 06335, *2). 2025Thus, the defendant's purported appeal waiver does not preclude appellate review of his statutory speedy trial or excessive sentence claims ( see People v Mingo , ___ AD3d ___, ___, 2025 NY Slip Op 06335, *2 ). | 1 | 1 |
People v. Callahangreen1 sentence2024Any deficiency by the court in ascertaining on the record defendant's understanding of the contents of the written waiver ( see [*2]Thomas , 34 NY3d at 563, 566; People v Bradshaw , 18 NY3d 257, 266-267 [2011]; People v Callahan , 80 NY2d 273, 283 [1992]) is of no moment where, as here, the oral waiver was adequate ( see Lopez , 6 NY3d at 257 ; People v Witherow , 203 AD3d 1595 , 1595-1596 [4th Dept 2022]; People v Thomas , 178 AD3d 1461 , 1461 [4th Dept 2019], lv denied 35 NY3d 945 [2020]; People v Smith , 164 AD3d 1621 , 1621 [4th Dept 2018], lv denied 32 NY3d 1177 [2019]). | 1 | 1 |
People v. Duriegreen1 sentence2024"Although ambiguities in a court's explanation may be cured by adequate clarifying language, which may be provided . . . in a written waiver" ( People v Durie , 216 AD3d 1449, 1450 [4th Dept 2023] [internal quotation marks omitted]), here, Supreme Court "failed to confirm that [defendant] understood the contents of the written waiver[ ]" ( People v Parker , 189 AD3d 2065 , 2066 [4th Dept 2020], lv denied 36 NY3d 1122 [2021] [internal quotation marks omitted]). | 1 | 1 |
People v. Suttongreen1 sentence2024In further seeking to invalidate the appeal waiver, defendant encourages us to apply the rule created by the Second Department that where, as here, the inclusion of the appeal waiver as part of a plea agreement is demanded by the court rather than the People, the appeal waiver is unenforceable if the court fails to sufficiently articulate the reasons for its demand ( see People v Sutton , 184 AD3d 236, 244-245 [2d Dept 2020], lv denied 35 NY3d 1070 [2020]). | 1 | 1 |
People v. Andersongreen1 sentence2023The written waiver signed by defendant at sentencing did not "cure the ambiguit[ies] in the . . . court's colloquy . . . ; rather, the written waiver[] . . . repeated many of the errors in County Court's colloqu[y] and, in any event, the court failed to confirm that [defendant] . . . understood the contents of the written waiver[]" ( Thomas , 34 NY3d at 566 [internal quotation marks omitted]; see People v Bisono , 36 NY3d 1013 , 1017-1018 [2020]; People v Anderson , 210 AD3d 1464, 1464-1465 [4th Dept 2022]). | 1 | 1 |
People v. Coopergreen1 sentence2020Furthermore, although there was also a written waiver of the right to appeal, "the court failed to confirm that [defendant] understood the contents of the written waiver[]" ( Thomas , 34 NY3d at 566; see People v Cooper , 85 AD3d 1594 , 1594 [4th Dept 2011], affd 19 NY3d 501 [2012]; People v Testerman , 149 AD3d 1559, 1559 [4th Dept 2017]). | 1 | 1 |
People v. Elmergreen1 sentence2020Furthermore, although there was also a written waiver of the right to appeal, "the court failed to confirm that [defendant] understood the contents of the written waiver[]" ( Thomas , 34 NY3d at 566; see People v Cooper , 85 AD3d 1594 , 1594 [4th Dept 2011], affd 19 NY3d 501 [2012]; People v Testerman , 149 AD3d 1559, 1559 [4th Dept 2017]). | 1 | 1 |
Read v. Thompsongreen1 sentence2020Furthermore, although there was also a written waiver of the right to appeal, "the court failed to confirm that [defendant] understood the contents of the written waiver[]" ( Thomas , 34 NY3d at 566; see People v Cooper , 85 AD3d 1594 , 1594 [4th Dept 2011], affd 19 NY3d 501 [2012]; People v Testerman , 149 AD3d 1559, 1559 [4th Dept 2017]). | 1 | 1 |
People v. Starlinggreen1 sentence2014We have acknowledged that some departures from O’Rama procedures are subject to our rules of preservation, such as where the court reads the “entire content” of the note verbatim in open court prior to responding to the jury (see People v Alcide, 21 NY3d 687, 693-694 [2013]; People v Starling, 85 NY2d 509, 516 [1995] [court read the entire content of the notes in open court]; People v DeRosario, 81 NY2d 801, 803 [1993] [requiring application of traditional preservation rules where defense counsel was present, was given notice of the contents of the written inquiry and participated in formulati | 1 | 1 |
People v. Alcidegreen1 sentence2014We have acknowledged that some departures from O’Rama procedures are subject to our rules of preservation, such as where the court reads the “entire content” of the note verbatim in open court prior to responding to the jury (see People v Alcide, 21 NY3d 687, 693-694 [2013]; People v Starling, 85 NY2d 509, 516 [1995] [court read the entire content of the notes in open court]; People v DeRosario, 81 NY2d 801, 803 [1993] [requiring application of traditional preservation rules where defense counsel was present, was given notice of the contents of the written inquiry and participated in formulati | 1 | 1 |
People v. DeRosariogreen1 sentence2014We have acknowledged that some departures from O’Rama procedures are subject to our rules of preservation, such as where the court reads the “entire content” of the note verbatim in open court prior to responding to the jury (see People v Alcide, 21 NY3d 687, 693-694 [2013]; People v Starling, 85 NY2d 509, 516 [1995] [court read the entire content of the notes in open court]; People v DeRosario, 81 NY2d 801, 803 [1993] [requiring application of traditional preservation rules where defense counsel was present, was given notice of the contents of the written inquiry and participated in formulati | 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. Slade
green
2 sentences2021Although the People cite to a written waiver that apparently was signed by the defendant, the court "failed to confirm that [the defendant] understood the contents of the written waiver[ ]" ( People v Thomas , 34 NY3d at 566; see People v Christopher B. , 184 AD3d 657, 659 ; People v Slade , 180 AD3d 1073, 1075 ). 2021Although the People cite to a written waiver that was apparently signed by the defendant, the court failed to confirm that the defendant understood the contents of the written waiver ( see People v Thomas , 34 NY3d 545 , 566; People v Kaye , 190 AD3d at 767-768 ; People v Christopher B. , 184 AD3d 657, 659 ; People v Slade , 180 AD3d 1073, 1075 ). | 2 | 2021–2021 |
People v. Blake
neutral
1 sentence2024The court also failed to confirm on the record that the defendant understood the contents of the written waiver ( see People v Hopkins , ____ AD3d ____, 2024 NY Slip Op 02332 [2d Dept]), and did not discuss the appeal waiver with the defendant until after the defendant had already admitted his guilt as part of the plea agreement ( see People v Heft , 220 AD3d 806 ; People v Blake , 210 AD3d 901, 901 ). | 1 | 2024–2024 |
People v. Heft
green
1 sentence2024The court also failed to confirm on the record that the defendant understood the contents of the written waiver ( see People v Hopkins , ____ AD3d ____, 2024 NY Slip Op 02332 [2d Dept]), and did not discuss the appeal waiver with the defendant until after the defendant had already admitted his guilt as part of the plea agreement ( see People v Heft , 220 AD3d 806 ; People v Blake , 210 AD3d 901, 901 ). | 1 | 2024–2024 |
People v. Hopkins
neutral
1 sentence2024The court also failed to confirm on the record that the defendant understood the contents of the written waiver ( see People v Hopkins , ____ AD3d ____, 2024 NY Slip Op 02332 [2d Dept]), and did not discuss the appeal waiver with the defendant until after the defendant had already admitted his guilt as part of the plea agreement ( see People v Heft , 220 AD3d 806 ; People v Blake , 210 AD3d 901, 901 ). | 1 | 2024–2024 |
People v. Lawrence
neutral
1 sentence2024Moreover, given the court's failure to ascertain whether the defendant understood the contents of the written waiver of the right to appeal, together with defendant's documented mental health issues and the fact that this was his first felony conviction, the defendant's execution of a written waiver of the right to appeal after he had already admitted his guilt did not cure the court's deficient oral colloquy ( see People v Lawrence , ___ AD3d ___, 2024 NY Slip Op 02545 ; People v Bakayoko , 174 AD3d 730 , 731). | 1 | 2024–2024 |
People v. Eduardo S.
neutral
1 sentence2021Moreover, the portion of the written waiver relied upon by the People did not cure the defects in the oral colloquy, as it also improperly indicated that the defendant was waiving all of his appellate rights, and it otherwise failed to inform the defendant that appellate review remained available for select issues ( see People v Momoh , 192 AD3d 915, 916 ; People v Eduardo S. , 186 AD3d 1265, 1267-1268 ; People v Leiva , 184 AD3d 731, 731 ; cf. NY Model Colloquies, Waiver of Right to Appeal). | 1 | 2021–2021 |
People v. Kaye
green
1 sentence2021Although the People cite to a written waiver that was apparently signed by the defendant, the court failed to confirm that the defendant understood the contents of the written waiver ( see People v Thomas , 34 NY3d 545 , 566; People v Kaye , 190 AD3d at 767-768 ; People v Christopher B. , 184 AD3d 657, 659 ; People v Slade , 180 AD3d 1073, 1075 ). | 1 | 2021–2021 |
People v. Momoh
green
1 sentence2021Moreover, the portion of the written waiver relied upon by the People did not cure the defects in the oral colloquy, as it also improperly indicated that the defendant was waiving all of his appellate rights, and it otherwise failed to inform the defendant that appellate review remained available for select issues ( see People v Momoh , 192 AD3d 915, 916 ; People v Eduardo S. , 186 AD3d 1265, 1267-1268 ; People v Leiva , 184 AD3d 731, 731 ; cf. NY Model Colloquies, Waiver of Right to Appeal). | 1 | 2021–2021 |
People v. Lopez
green
1 sentence2021Nevertheless, even though the purported appeal waiver is not valid, the defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review, as he did not move to vacate his plea or otherwise raise the issue before the County Court ( see CPL 470.05[2]; People v Lopez , 71 NY2d 662, 665 ; People v Negriel , 181 AD3d 724, 725 ). | 1 | 2021–2021 |
People v. Negriel
green
1 sentence2021Nevertheless, even though the purported appeal waiver is not valid, the defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review, as he did not move to vacate his plea or otherwise raise the issue before the County Court ( see CPL 470.05[2]; People v Lopez , 71 NY2d 662, 665 ; People v Negriel , 181 AD3d 724, 725 ). | 1 | 2021–2021 |
People v. Leiva
green
1 sentence2021Moreover, the portion of the written waiver relied upon by the People did not cure the defects in the oral colloquy, as it also improperly indicated that the defendant was waiving all of his appellate rights, and it otherwise failed to inform the defendant that appellate review remained available for select issues ( see People v Momoh , 192 AD3d 915, 916 ; People v Eduardo S. , 186 AD3d 1265, 1267-1268 ; People v Leiva , 184 AD3d 731, 731 ; cf. NY Model Colloquies, Waiver of Right to Appeal). | 1 | 2021–2021 |
People v. De Lin Shao
green
1 sentence2018We thus conclude that "[t]he plea colloquy, together with the written waiver of the right to appeal executed by defendant, establishes that defendant's waiver of the right to appeal was knowingly, intelligently, and voluntarily entered" ( People v Fontaine , 144 AD3d 1658 , 1658 [4th Dept 2016], lv denied 29 NY3d 997 [2017]; see People v Lopez , 6 NY3d 248, 256 [2006]). | 1 | 2018–2018 |
People v. Fontaine
green
1 sentence2018We thus conclude that "[t]he plea colloquy, together with the written waiver of the right to appeal executed by defendant, establishes that defendant's waiver of the right to appeal was knowingly, intelligently, and voluntarily entered" ( People v Fontaine , 144 AD3d 1658 , 1658 [4th Dept 2016], lv denied 29 NY3d 997 [2017]; see People v Lopez , 6 NY3d 248, 256 [2006]). | 1 | 2018–2018 |
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.