requirements for a valid waiver in New York

15 New York opinions name it 2 courts 1999–2020 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.

Followed or applied (7)

Case	Followed	Cited
People v. Lopezgreen ny · 2006 · cited in 3 New York opinions naming this issue, 2017–2017 2 sentences 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]). 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).	3	3
People v. Slampgreen nyappdiv · 2016 · cited in 3 New York opinions naming this issue, 2017–2017 2 sentences 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]). 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).	3	3
People v. Darrellgreen nyappdiv · 2016 · cited in 3 New York opinions naming this issue, 2017–2017 2 sentences 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]). 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).	3	3
106454 People v. Larockgreen nyappdiv · 2016 · cited in 3 New York opinions naming this issue, 2017–2017 2 sentences 2017Further, while defendant signed a written waiver in court, the record does not reflect that he read it, discussed it with counsel or understood it, and it is not in the record on appeal (see People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]). 2017Further, while defendant signed a written waiver in court, the record does not reflect that he read it, discussed it with counsel or understood it, and it is not in the record on appeal (see People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]).	3	3
People v. Bradshawgreen ny · 2011 · cited in 3 New York opinions naming this issue, 2017–2017 2 sentences 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]). 2017A review of the proceedings discloses that the requirements for a valid waiver of the right to appeal were not met here (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Slamp, 145 AD3d 1320, 1321 [2016]; People v Darrell, 145 AD3d 1316, 1317 [2016]).	3	3
People v. Dominiquegreen ny · 1997 · cited in 3 New York opinions naming this issue, 1999–2020 2 sentences 2020Under the presumption of regularity, absent specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (CPL 195.20) were satisfied ( People v Torres , 265 AD2d 226 , 227 [1st Dept 1999], lv denied 94 NY2d 886 [2000] ; see also People v Dominique, 90 NY2d 880, 881 [1997]). 2020Under the presumption of regularity, absent specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (CPL 195.20) were satisfied ( People v Torres , 265 AD2d 226 , 227 [1st Dept 1999], lv denied 94 NY2d 886 [2000] ; see also People v Dominique, 90 NY2d 880, 881 [1997]).	2	3
State v. Floyd Y.green ny · 2013 · cited in 2 New York opinions naming this issue, 2015–2015 2 sentences 2015The Court of Appeals has made clear that proceedings pursuant to the Sex Offender Management and Treatment Act “are civil proceedings” (Matter of State of New York v Floyd Y., 22 NY3d 95, 104 [2013]; see Mental Hygiene Law § 10.01 [b] [in its legislative findings, the legislature stated that “confinement of the most dangerous offenders will need to be extended by civil process in order to provide them such treatment and to protect the public”]). 2015The Court of Appeals has made clear that proceedings pursuant to the Sex Offender Management and Treatment Act “are civil proceedings” (Matter of State of New York v Floyd Y., 22 NY3d 95, 104 [2013]; see Mental Hygiene Law § 10.01 [b] [in its legislative findings, the legislature stated that “confinement of the most dangerous offenders will need to be extended by civil process in order to provide them such treatment and to protect the public”]).	2	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
People v. Bryant green ny · 2016 2 sentences 2018The court's oral colloquy with defendant, supplemented by a detailed written waiver, satisfied the requirements for a valid waiver ( see People v Bryant , 28 NY3d 1094 [2016]). 2018The combination of this colloquy and the thorough written waiver that defendant signed after consulting with his attorney met or exceeded the requirements for a valid waiver ( see People v Bryant , 28 NY3d 1094 [2016]).	7	2017–2018
People v. Jones green ny · 2016 2 sentences 2017Further, while defendant signed a written waiver in court, the record does not reflect that he read it, discussed it with counsel or understood it, and it is not in the record on appeal (see People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]). 2017Further, while defendant signed a written waiver in court, the record does not reflect that he read it, discussed it with counsel or understood it, and it is not in the record on appeal (see People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]).	3	2017–2017
People v. Torres neutral nyappdiv · 1999 2 sentences 2020Under the presumption of regularity, absent specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (CPL 195.20) were satisfied ( People v Torres , 265 AD2d 226 , 227 [1st Dept 1999], lv denied 94 NY2d 886 [2000] ; see also People v Dominique, 90 NY2d 880, 881 [1997]). 2020Under the presumption of regularity, absent specific proof to the contrary, the law presumes that the requirements for a valid waiver of indictment (CPL 195.20) were satisfied ( People v Torres , 265 AD2d 226 , 227 [1st Dept 1999], lv denied 94 NY2d 886 [2000] ; see also People v Dominique, 90 NY2d 880, 881 [1997]).	2	2020–2020
People v. Bethune green nyappdiv · 2012 1 sentence 2018Contrary to the defendant's contention, the plea court did not improperly delegate the appeal waiver allocution to the prosecutor ( see People v Fowler , 111 AD3d 958 [2013], lv denied 22 NY3d 1138 [2014]), since the proceeding was conducted in the court's presence and under its supervision ( see People v Bethune , 91 AD3d 966 [2012], lv denied 19 NY3d 957 [2012]).	1	2018–2018
People v. Hobson green nyappdiv · 2013 1 sentence 2018Contrary to the defendant's contention, the plea court did not improperly delegate the appeal waiver allocution to the prosecutor ( see People v Fowler , 111 AD3d 958 [2013], lv denied 22 NY3d 1138 [2014]), since the proceeding was conducted in the court's presence and under its supervision ( see People v Bethune , 91 AD3d 966 [2012], lv denied 19 NY3d 957 [2012]).	1	2018–2018
People v. Graham green ny · 2005 1 sentence 2017Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his claim that the court failed to exercise its sentencing discretion (see People v Fishman, 14 AD3d 411 [1st Dept 2005], lv denied 4 NY3d 853 [2005]), and we decline to review it in the interest of justice.	1	2017–2017
People v. Fishman green nyappdiv · 2005 1 sentence 2017Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his claim that the court failed to exercise its sentencing discretion (see People v Fishman, 14 AD3d 411 [1st Dept 2005], lv denied 4 NY3d 853 [2005]), and we decline to review it in the interest of justice.	1	2017–2017

Statutes the citing opinions construe

NY § N.Y. Penal Law § 70.25 (3)

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.

Where else courts name it

NY 15 (1999–2020) CA 14 (1996–2025) LA 9 (1974–2019) PA 5 (1970–2003) WA 4 (1978–2012) IN 3 (1994–2006) MI 3 (1992–2025) ID 3 (2015–2017) WI 3 (2000–2013) OH 2 (2012–2012) MT 2 (1978–2014) CT 2 (1985–2022) ND 2 (1988–1991) MO 2 (1995–2018)

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.

← Caselaw search · G Cite Topics · Brief Check