waiver encompasses challenge (New York) · Go Syfert
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waiver encompasses challenge in New York

6 New York opinions name it 1 courts 2016–2020 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 (8)

CaseFollowedCited
People v. Hidalgogreen
ny · 1998 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

33
The People v. Rasaun Sandersgreen
ny · 2015 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

33
People v. Adamsgreen
nyappdiv · 2012 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

23
People v. Maraclegreen
ny · 2012 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

23
People v. Baileygreen
nyappdiv · 2016 · cited in 3 New York opinions naming this issue, 2016–2016
2 sentences

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

2016Initially, we conclude that defendant made a knowing, voluntary, and intelligent waiver of his right to appeal (see People v Adams, 94 AD3d 1428, 1428-1429 [2012], lv denied 19 NY3d 970 [2012]; see generally People v Sanders, 25 NY3d 337, 340-342 [2015]), and that the waiver encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Bailey, 137 AD3d 1620, 1621 [2016]; cf. People v Maracle, 19 NY3d 925, 927-928 [2012]).

23
People v. Lococogreen
ny · 1998 · cited in 2 New York opinions naming this issue, 2019–2020
2 sentences

2020Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of the maximum sentence County Court could impose in its discretion, the waiver encompasses her challenge to the severity of her sentence ( see People v Lococo , 92 NY2d 825, 827 [1998]; People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

2019Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of "the maximum sentence [County Court] could impose in its discretion," the waiver encompasses his challenge to the severity of his sentence ( People v Lococo , 92 NY2d 825, 827 [1998]; see People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

22
People v. Jonesgreen
ny · 2017 · cited in 2 New York opinions naming this issue, 2019–2020
2 sentences

2020Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of the maximum sentence County Court could impose in its discretion, the waiver encompasses her challenge to the severity of her sentence ( see People v Lococo , 92 NY2d 825, 827 [1998]; People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

2019Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of "the maximum sentence [County Court] could impose in its discretion," the waiver encompasses his challenge to the severity of his sentence ( People v Lococo , 92 NY2d 825, 827 [1998]; see People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

12
Matter of Clark v. Annuccigreen
nyappdiv · 2017 · cited in 2 New York opinions naming this issue, 2019–2020
2 sentences

2020Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of the maximum sentence County Court could impose in its discretion, the waiver encompasses her challenge to the severity of her sentence ( see People v Lococo , 92 NY2d 825, 827 [1998]; People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

2019Inasmuch as defendant's valid waiver of the right to appeal specifically included a waiver of the right to challenge the severity of the sentence and defendant was informed of "the maximum sentence [County Court] could impose in its discretion," the waiver encompasses his challenge to the severity of his sentence ( People v Lococo , 92 NY2d 825, 827 [1998]; see People v Lasher , 151 AD3d 1774 , 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]).

12

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 (2)

CaseCitedYears
People v. Brand green
nyappdiv · 2013
1 sentence

2019Defendant's valid waiver of the right to appeal likewise encompasses his challenges to the court's suppression ruling ( see People v Antonio J. , 173 AD3d 1743 , 1744 [4th Dept 2019]; People v Brand , 112 AD3d 1320 , 1321 [4th Dept 2013], lv denied 23 NY3d 961 [2014]).

12019–2019
People v. Wharton green
ny · 1989
1 sentence

2018In any event, the motion court properly denied defendant's motion to suppress identification testimony, without granting a Wade hearing, because the information presented to the court clearly established that the identification was confirmatory under the principles set forth in People v Wharton ( 74 NY2d 921 [1989]).

12018–2018

Statutes the citing opinions construe

NY § N.Y. Penal Law § 125.20 (4) NY § N.Y. Penal Law § 125.25 (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.

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