case constituted error in New York

2021Given the record before the County Court at the sentencing proceeding and the other circumstances of this case, we conclude that "the interest of justice will be best served by permitting the defendant to withdraw his plea and proceed to trial" ( People v De Jesus , 199 AD2d at 531 ; see People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ; People v East , 39 AD2d 606 ).

2021Given the record before the County Court at the sentencing proceeding and the other circumstances of this case, we conclude that "the interest of justice will be best served by permitting the defendant to withdraw his plea and proceed to trial" ( People v De Jesus , 199 AD2d at 531 ; see People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ; People v East , 39 AD2d 606 ).

2021Given the record before the County Court at the sentencing proceeding and the other circumstances of this case, we conclude that "the interest of justice will be best served by permitting the defendant to withdraw his plea and proceed to trial" ( People v De Jesus , 199 AD2d at 531 ; see People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ; People v East , 39 AD2d 606 ).

2021Given the record before the County Court at the sentencing proceeding and the other circumstances of this case, we conclude that "the interest of justice will be best served by permitting the defendant to withdraw his plea and proceed to trial" ( People v De Jesus , 199 AD2d at 531 ; see People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ; People v East , 39 AD2d 606 ).

2021The County Court's failure to follow this rule at the sentencing proceeding in this case constituted error as matter of law ( see People v Nixon , 21 NY2d at 355 ).

2008Plaintiffs have failed to demonstrate that Lipper’s involvement in other cases related to the factual circumstances of this case constituted a waiver of his right to seek to compel arbitration (see Stark v Molod Spitz DeSantis & Stark, P.C., 9 NY3d 59, 66-67 [2007] [court action must be clearly inconsistent with later claim that the parties must arbitrate claims]; Flynn v Labor Ready, 6 AD3d 492 [2004]).

1991As a threshold matter, we note that the court’s error in failing to disclose the contents of the note had the effect of entirely preventing defense counsel from participating meaningfully in this critical stage of the trial and thus represented a significant departure from " ’the organization of the court or the mode of proceedings prescribed by law’ ” (People v Coons, 75 NY2d 796, 797 , quoting People v Patterson, 39 NY2d 288, 295 , affd 432 US 197 ; see, People v Mehmedi, 69 NY2d 759, 760 ; People v Ahmed, 66 NY2d 307, 310 ).

1991As a threshold matter, we note that the court’s error in failing to disclose the contents of the note had the effect of entirely preventing defense counsel from participating meaningfully in this critical stage of the trial and thus represented a significant departure from " ’the organization of the court or the mode of proceedings prescribed by law’ ” (People v Coons, 75 NY2d 796, 797 , quoting People v Patterson, 39 NY2d 288, 295 , affd 432 US 197 ; see, People v Mehmedi, 69 NY2d 759, 760 ; People v Ahmed, 66 NY2d 307, 310 ).

1991As a threshold matter, we note that the court’s error in failing to disclose the contents of the note had the effect of entirely preventing defense counsel from participating meaningfully in this critical stage of the trial and thus represented a significant departure from " ’the organization of the court or the mode of proceedings prescribed by law’ ” (People v Coons, 75 NY2d 796, 797 , quoting People v Patterson, 39 NY2d 288, 295 , affd 432 US 197 ; see, People v Mehmedi, 69 NY2d 759, 760 ; People v Ahmed, 66 NY2d 307, 310 ).

1991As a threshold matter, we note that the court’s error in failing to disclose the contents of the note had the effect of entirely preventing defense counsel from participating meaningfully in this critical stage of the trial and thus represented a significant departure from " ’the organization of the court or the mode of proceedings prescribed by law’ ” (People v Coons, 75 NY2d 796, 797 , quoting People v Patterson, 39 NY2d 288, 295 , affd 432 US 197 ; see, People v Mehmedi, 69 NY2d 759, 760 ; People v Ahmed, 66 NY2d 307, 310 ).

1990Further, we find that the delay of AVz years in the assertion of the defense of arbitration is inconsistent with that right and in the instant case constituted a waiver of such right (see, De Sapio v Kohlmeyer, 35 NY2d 402, 405 ).

1988Furthermore, the defendant’s plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 NY2d 97 ; People v Clairborne, 29 NY2d 950 ; People v Riley, 120 AD2d 752 ).

1988Furthermore, the defendant’s plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 NY2d 97 ; People v Clairborne, 29 NY2d 950 ; People v Riley, 120 AD2d 752 ).

1988Furthermore, the defendant’s plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 NY2d 97 ; People v Clairborne, 29 NY2d 950 ; People v Riley, 120 AD2d 752 ).

1958Co. of N. Y., 269 App. Div. 31, 36 .) The court therefore finds that the plaintiff’s actions in this case constituted a waiver; that the plaintiff is estopped from disclaiming liability; and that the defendant Johnson is covered by the policy in respect to the July 25, 1955 accident.

1913This exception seems to have been the theory of counsel in Freel v. County of Queens, 9 App. Div. 186 ; affd., 154 N. Y. 661 , where an action was maintained against the county upon a liquidated contract, and the same is true in Western N. Y.

1913The court adopted as the true construction of the various statutes, as they stood after 1892, the suggestion of Mr. Justice Cullen in Albrecht v. County of Queens, 84 Hun 399 , that such a case constituted an exception to the. general rule as to actions against a county.

1913This exception seems to have been the theory of counsel in Freel v. County of Queens, 9 App. Div. 186 ; affd., 154 N. Y. 661 , where an action was maintained against the county upon a liquidated contract, and the same is true in Western N. Y.