15 New York opinions name it 1 courts 2000–2020 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. Plassgreen2 sentences2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). 2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). | 5 | 5 |
People v. Lambertgreen2 sentences2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). 2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). | 5 | 5 |
People v. Lopezgreen2 sentences2017The record reflects that County Court adequately explained during the plea colloquy that the waiver of the right to appeal was separate and distinct from the rights forfeited by the guilty plea, and defendant acknowledged that he understood the nature of his appellate rights that he was waiving (see People v Lopez, 6 NY3d at 256 ). 2017The record reflects that County Court adequately explained during the plea colloquy that the waiver of the right to appeal was separate and distinct from the rights forfeited by the guilty plea, and defendant acknowledged that he understood the nature of his appellate rights that he was waiving (see People v Lopez, 6 NY3d at 256 ). | 1 | 7 |
Matter of Roovergreen1 sentence2020Defendant has not challenged the validity of the plea or the appeal waiver and, inasmuch as the record establishes that the order of protection was disclosed to defendant as part of his plea agreement prior to both the plea colloquy and his waiver of the right to appeal, the appeal waiver encompasses his present challenge to the order of protection, precluding our review ( see People v Fontaine , 144 AD3d 1658 , 1658 [2016], lv denied 29 NY3d 997 [2017]; compare People v Clark , 155 AD3d 1184, 1185 [2017]). | 1 | 1 |
People v. Lofflergreen1 sentence2020In any event, this claim is also unpreserved as he did not object to the order of protection during the plea colloquy or at sentencing and did not move to amend the order ( see CPL 470.05 [2]; People v Gardner , 129 AD3d 1386, 1387 [2015]; People v Loffler , 111 AD3d 1059, 1060 [2013]). | 1 | 1 |
People v. Gardnergreen1 sentence2020In any event, this claim is also unpreserved as he did not object to the order of protection during the plea colloquy or at sentencing and did not move to amend the order ( see CPL 470.05 [2]; People v Gardner , 129 AD3d 1386, 1387 [2015]; People v Loffler , 111 AD3d 1059, 1060 [2013]). | 1 | 1 |
People v. Washingtongreen1 sentence2019Although County Court never confirmed with defendant that he read and understood the written appeal waiver that he executed in open court, defendant acknowledged during the plea colloquy that defense counsel had reviewed and discussed the written appeal waiver with him ( see People v Nichols , 155 AD3d 1186, 1187 [2017]; People v Empey , 144 AD3d 1201, 1203 [2016], lv denied 28 NY3d 1144 [2017]). | 1 | 1 |
People v. Empeygreen1 sentence2019Although County Court never confirmed with defendant that he read and understood the written appeal waiver that he executed in open court, defendant acknowledged during the plea colloquy that defense counsel had reviewed and discussed the written appeal waiver with him ( see People v Nichols , 155 AD3d 1186, 1187 [2017]; People v Empey , 144 AD3d 1201, 1203 [2016], lv denied 28 NY3d 1144 [2017]). | 1 | 1 |
People v. Banksgreen1 sentence2017Although “[a] detailed written waiver can supplement a court’s on-the-record explanation of what a waiver of the right to appeal entails, ... a written waiver does not, standing alone, provide sufficient assurance that the defendant is knowingly, intelligently and voluntarily giving up his or her right to appeal” (People v Banks, 125 AD3d 1276, 1277 [2015], lv denied 25 NY3d 1159 [2015] [internal quotation marks omitted]). | 1 | 1 |
People v. Maraclegreen1 sentence2017Furthermore, there was no discussion during the plea colloquy whether the waiver encompassed a challenge to the sentence; the court mentioned only a right to appeal the conviction (see People v Maracle, 19 NY3d 925, 928 [2012]). | 1 | 1 |
People v. Grahamgreen1 sentence2017We further conclude that defendant’s valid waiver of the right to appeal encompasses his challenge to the court’s suppression ruling (see Kemp, 94 NY2d at 833 ; People v Graham, 140 AD3d 1686, 1687 [4th Dept 2016], lv denied 28 NY3d 930 [2016]). | 1 | 1 |
People v. D'Adamogreen1 sentence2003Our review of the record, including the transcripts of the plea colloquy and the hearing on the motion, discloses adequate support for County Court’s denial of defendant’s request to withdraw his plea (see People v D’Adamo, 293 AD2d 869, 870 [2002], lv denied 98 NY2d 730 [2002]). | 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. Grefer
green
2 sentences2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). 2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). | 5 | 2017–2017 |
People v. Oliveri
green
2 sentences2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). 2017In addition, defendant signed in open court a written waiver of appeal in which he expressly waived the right to argue, among other things, that the sentence is harsh and excessive (see People v Lambert, 151 AD3d 1119, 1119 [2017], lv denied 29 NY3d 1092 [2017]; People v Plass, 150 AD3d 1558, 1559 [2017], lv denied 29 NY3d 1094 [2017]). | 5 | 2017–2017 |
People v. Simpson
green
2 sentences2018Additionally, defendant signed a detailed written waiver in open court and assured County Court that he had read the waiver, understood its contents, was prepared to abide by its terms and had been afforded sufficient time to discuss the waiver with counsel ( see People v Venable , 161 AD3d 1315 , 1315 [2018], lv denied 31 NY3d 1154 [2018]; People v Smith , 157 AD3d 1059 , 1059 [2018], lv denied 31 NY3d 987 [2018]). 2018Additionally, defendant signed a detailed written waiver in open court and assured County Court that he had read the waiver, understood its contents, was prepared to abide by its terms and had been afforded sufficient time to discuss the waiver with counsel ( see People v Venable , 161 AD3d 1315 , 1315 [2018], lv denied 31 NY3d 1154 [2018]; People v Smith , 157 AD3d 1059 , 1059 [2018], lv denied 31 NY3d 987 [2018]). | 2 | 2018–2018 |
People v. De Lin Shao
green
1 sentence2020Defendant has not challenged the validity of the plea or the appeal waiver and, inasmuch as the record establishes that the order of protection was disclosed to defendant as part of his plea agreement prior to both the plea colloquy and his waiver of the right to appeal, the appeal waiver encompasses his present challenge to the order of protection, precluding our review ( see People v Fontaine , 144 AD3d 1658 , 1658 [2016], lv denied 29 NY3d 997 [2017]; compare People v Clark , 155 AD3d 1184, 1185 [2017]). | 1 | 2020–2020 |
People v. Fontaine
green
1 sentence2020Defendant has not challenged the validity of the plea or the appeal waiver and, inasmuch as the record establishes that the order of protection was disclosed to defendant as part of his plea agreement prior to both the plea colloquy and his waiver of the right to appeal, the appeal waiver encompasses his present challenge to the order of protection, precluding our review ( see People v Fontaine , 144 AD3d 1658 , 1658 [2016], lv denied 29 NY3d 997 [2017]; compare People v Clark , 155 AD3d 1184, 1185 [2017]). | 1 | 2020–2020 |
People v. Coney
green
1 sentence2019Although County Court never confirmed with defendant that he read and understood the written appeal waiver that he executed in open court, defendant acknowledged during the plea colloquy that defense counsel had reviewed and discussed the written appeal waiver with him ( see People v Nichols , 155 AD3d 1186, 1187 [2017]; People v Empey , 144 AD3d 1201, 1203 [2016], lv denied 28 NY3d 1144 [2017]). | 1 | 2019–2019 |
People v. Kemp
green
1 sentence2017We further conclude that defendant’s valid waiver of the right to appeal encompasses his challenge to the court’s suppression ruling (see Kemp, 94 NY2d at 833 ; People v Graham, 140 AD3d 1686, 1687 [4th Dept 2016], lv denied 28 NY3d 930 [2016]). | 1 | 2017–2017 |
People v. Harvey
green
1 sentence2017We conclude that defendant’s responses during the plea colloquy and waiver colloquy establish that the waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see People v Griner, 50 AD3d 1557 , 1558 [4th Dept 2008], lv denied 11 NY3d 737 [2008]). | 1 | 2017–2017 |
People v. Vukman
green
1 sentence2017We conclude that defendant’s responses during the plea colloquy and waiver colloquy establish that the waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see People v Griner, 50 AD3d 1557 , 1558 [4th Dept 2008], lv denied 11 NY3d 737 [2008]). | 1 | 2017–2017 |
People v. Gee
green
1 sentence2017We further conclude that defendant’s valid waiver of the right to appeal encompasses his challenge to the court’s suppression ruling (see Kemp, 94 NY2d at 833 ; People v Graham, 140 AD3d 1686, 1687 [4th Dept 2016], lv denied 28 NY3d 930 [2016]). | 1 | 2017–2017 |
People v. Burke
green
1 sentence2003Although that contention survives the plea of guilty to the extent that defendant contends that the ineffective assistance infected the plea bargaining process (cf. People v Burke, 256 AD2d 1244 [1998], lv denied 93 NY2d 851 [1999]), we conclude that there is nothing in the record to suggest that defendant was coerced into accepting the plea offer, and thus it cannot be said that he was denied effective assistance of counsel on that ground. | 1 | 2003–2003 |
Stepteau v. Goord
green
1 sentence2000Likewise, while an SCI is the equivalent of an indictment (see, CPL 195.20 [d]; 200.10, 200.15; People v Schultz, 258 AD2d 879 , lv denied 93 NY2d 929 ) and, as such, must be furnished to defendant (see, CPL 210.15 [1]), any claim that defendant or his attorney were not furnished a copy of the SCI is unavailing. | 1 | 2000–2000 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.