sentence imposed following violation (New York) · Go Syfert
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sentence imposed following violation in New York

12 New York opinions name it 1 courts 2010–2026 3 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 (8)

CaseFollowedCited
People v. Giulianogreen
nyappdiv · 2017 · cited in 5 New York opinions naming this issue, 2019–2020
2 sentences

2020Even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279, 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

2020Preliminarily, we note that even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279 , 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

55
People v. Tedescogreen
nyappdiv · 2016 · cited in 5 New York opinions naming this issue, 2019–2020
2 sentences

2020Even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279, 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

2020Preliminarily, we note that even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279 , 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

45
People v. Dextergreen
nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2010–2016
2 sentences

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

24
People v. Russellgreen
nyappdiv · 2015 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

23
People v. Kiblergreen
nyappdiv · 2020 · cited in 2 New York opinions naming this issue, 2025–2025
2 sentences

2025Initially, we note that even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Kibler , 187 AD3d 1569, 1569 [4th Dept 2020]; People v White [appeal No. 2], 173 AD3d 1852 , 1852 [4th Dept 2019]).

2025Initially, we note that even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Kibler , 187 AD3d 1569, 1569 [4th Dept 2020]; People v White [appeal No. 2], 173 AD3d 1852 , 1852 [4th Dept 2019]).

22
People v. Browngreen
nyappdiv · 2002 · cited in 2 New York opinions naming this issue, 2019–2019
2 sentences

2019Moreover, as the People further correctly concede, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

2019Moreover, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

22
People v. Lopezgreen
ny · 2006 · cited in 2 New York opinions naming this issue, 2019–2019
2 sentences

2019Moreover, as the People further correctly concede, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

2019Moreover, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

22
People v. Jonesgreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2026–2026
2 sentences

2026Initially, even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that, contrary to the People's assertion, the waiver does not encompass defendant's challenge to the severity of the sentence imposed following his violation of probation ( see People v Quinones-Rivera , 170 AD3d 1530, 1530-1531 [4th Dept 2019]; see also People v Jones , 118 AD3d 1361, 1362 [4th Dept 2014]).

2026Initially, even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that, contrary to the People's assertion, the waiver does not encompass defendant's challenge to the severity of the sentence imposed following his violation of probation ( see People v Quinones-Rivera , 170 AD3d 1530 , 1530-1531 [4th Dept 2019]; see also People v Jones , 118 AD3d 1361, 1362 [4th Dept 2014]).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
People v. Giuliano neutral
ny · 2017
2 sentences

2020Even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279, 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

2020Preliminarily, we note that even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279 , 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

52019–2020
People v. Tedesco neutral
ny · 2016
2 sentences

2020Even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279, 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

2020Preliminarily, we note that even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass his challenge to the severity of the sentence imposed following his violation of probation ( see People v Giuliano , 151 AD3d 1958, 1959 [4th Dept 2017], lv denied 30 NY3d 949 [2017]; People v Tedesco , 143 AD3d 1279 , 1279 [4th Dept 2016], lv denied 28 NY3d 1075 [2016]).

52019–2020
People v. Dexter green
ny · 2010
2 sentences

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

2016Even assuming, arguendo, that defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his violation of probation (see People v Russell, 133 AD3d 1231, 1231 [2015]; People v Dexter, 71 AD3d 1504, 1504-1505 [2010], lv denied 14 NY3d 887 [2010]).

32016–2016
MALONEY, BRADLEY v. PEOPLE v green
nyappdiv · 2016
2 sentences

2019Moreover, as the People further correctly concede, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

2019Moreover, defendant's purported waiver of the right to appeal at the proceeding in which he admitted that he violated the terms of his probation is invalid inasmuch as County Court "failed to engage him in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Maloney , 140 AD3d 1782 , 1783 [4th Dept 2016] [internal quotation marks omitted]; see People v Brown , 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see generally People v Lopez , 6 NY3d 248, 256 [2006]).

22019–2019
People v. Williams green
nyappdiv · 2014
1 sentence

2020Contrary to the People's contention, defendant's challenge to the severity of the sentence is not subject to a preservation requirement ( see CPL 470.15 [3] [c]; [6] [b]; People v Williams , 120 AD3d 721 , 724 [2d Dept 2014], lv denied 25 NY3d 1078 [2015]).

12020–2020

Statutes the citing opinions construe

NY § N.Y. Penal Law § 220.34 (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 12 (2010–2026) WI 2 (1999–2007)

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.

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