People v. Hopper, 2017 NY Slip Op 6109 (N.Y. App. Div. 2017). · Go Syfert
People v. Hopper, 2017 NY Slip Op 6109 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Fauntleroy (nyappdiv, 2022-06-23)
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) People v. Fauntleroy
N.Y. App. Div. · 2022 · confidence medium
Notwithstanding defendant's contention to the contrary, his statements to the Probation Department did not impose a duty on County Court to conduct a sua sponte inquiry concerning a potential intoxication defense ( see People v Bailey , 158 AD3d 948 , 949 [2018]; People v Hopper , 153 AD3d 1045, 1047 [2017], lv denied 30 NY3d 1061 [2017]).
discussed Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2022 · confidence medium
Additionally, no mention of defendant's asserted mental health or substance abuse issues was made during the course of the plea colloquy, and defendant's belated, postplea statements in this regard — as set forth in the presentence investigation report — did not impose a duty of further inquiry upon County Court ( see People v Anderson , 170 AD3d 878 , 878 [2019], lv denied 33 NY3d 1028 [2019]; People v Allen , 166 AD3d 1210 , 1210-1211 [2018], lvs denied 32 NY3d 1201 , 1206 [2019]; People v Hopper , 153 AD3d 1045, 1047 [2017], lv denied 30 NY3d 1061 [*2][2017]; compare People v Skyers , 1…
discussed Cited as authority (rule) People v. Goodwalt
N.Y. App. Div. · 2022 · confidence medium
The prior claims during the bail application process and defendant's subsequent, postplea comments to the Probation Department during the presentence investigation did not impose a duty of inquiry upon County Court regarding potential defenses ( see People v Carston , 163 AD3d 1166 , 1168 [2018], lv denied 32 NY3d 1002 [2018]; People v Hopper , 153 AD3d 1045, 1047 [2017], lv denied 30 NY3d 1061 [2017]; People v Buck , 136 AD3d 1117 , 1118 & n 2 [2016]).
discussed Cited as authority (rule) People v. Goodwalt
N.Y. App. Div. · 2022 · confidence medium
The prior claims during the bail application process and defendant's subsequent, postplea comments to the Probation Department during the presentence investigation did not impose a duty of inquiry upon County Court regarding potential defenses ( see People v Carston , 163 AD3d 1166 , 1168 [2018], lv denied 32 NY3d 1002 [2018]; People v Hopper , 153 AD3d 1045, 1047 [2017], lv denied 30 NY3d 1061 [2017]; People v Buck , 136 AD3d 1117 , 1118 & n 2 [2016]).
discussed Cited as authority (rule) People v. Paternostro
N.Y. App. Div. · 2020 · confidence medium
Contrary to defendant's contention, we conclude that this case does not fall within the rare exception to the preservation requirement ( see People v Hopper , 153 AD3d 1045, 1046-1047 [3d Dept 2017], lv denied 30 NY3d 1061 [2017]; People v Matos , 27 AD3d 485, 486 [2d Dept 2006]; People v Farnham [appeal No. 1], 254 AD2d 767, 767 [4th Dept 1998], lv denied 92 NY2d 949 [1998]; see generally Lopez , 71 NY2d at 666 ).
cited Cited as authority (rule) People v. Skyers
N.Y. App. Div. · 2019 · confidence medium
People v Hopper , 153 AD3d 1045, 1046-1047 [2017], lv denied 30 NY3d 1061 [2017]), and defendant's statements at sentencing contradicted his sworn admissions during the plea colloquy ( see e.g.
discussed Cited as authority (rule) People v. Fedderman
N.Y. App. Div. · 2019 · confidence medium
Under these circumstances, we conclude that defendant knowingly, intelligently and voluntarily waived the right to appeal ( see People v Strack , 166 AD3d 1171 , 1172 [2018]; People v Hopper , 153 AD3d 1045, 1046 [2017], lv denied 30 NY3d 1061 [2017]).
discussed Cited as authority (rule) People v. Allen (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
Contrary to defendant's assertion, nothing on the face of the plea colloquy, wherein defendant expressly confirmed that he had discussed possible defenses to the charged crime with counsel, cast doubt upon his guilt or otherwise called into question the voluntariness of his plea ( see People v Bailey , 158 AD3d 948 , 948 [2018]; People v Hopper , 153 AD3d 1045, 1046-1047 [2017], lv denied 30 NY3d 1061 [2017]).
discussed Cited as authority (rule) People v. Strack
N.Y. App. Div. · 2018 · confidence medium
Under these circumstances, we are satisfied that defendant's waiver of the right to appeal was valid ( see People v Williams , 163 AD3d 1172 , 1172-1173 [2018], lv denied ___ NY3d ___ [Sept. 12, 2018]; People v Hopper , 153 AD3d 1045, 1046 [2017], lv denied 30 NY3d 1061 [2017]).
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2018 · confidence medium
Under these circumstances, County Court was not obligated to inquire into defendant's competency or to sua sponte offer him an opportunity to withdraw his guilty plea ( see CPL 730.30 [1]; People v Hopper , 153 AD3d 1045, 1047 [2017], lv denied 30 NY3d 1061 [2017]; People v Duffy , 126 AD3d 1142, 1142 [2015]).
discussed Cited as authority (rule) People v. Bailey
N.Y. App. Div. · 2018 · confidence medium
Notably, nothing on the face of the plea colloquy suggested that a viable defense to the charged crime might be implicated ( see People v Wright , 154 AD3d 1015, 1016 [2017], lv denied 30 NY3d 1065 [2017]; People v Hopper , 153 AD3d 1045, 1046-1047 [2017], lv denied 30 NY3d 1061 [2017]).
discussed Cited as authority (rule) People v. Turner
N.Y. App. Div. · 2018 · confidence medium
Under these circumstances, we find that defendant's combined oral and written waiver of the right to appeal was knowing, intelligent and voluntary ( see People v Sanders , 25 NY3d 337, 339-341 [2015]; People v Adams , 153 AD3d 1449, 1450 [2017]; People v Hopper , 153 AD3d 1045, 1046 [2017], lv denied ___ NY3d ___ [Dec. 11, 2017]).
discussed Cited as authority (rule) People v. LaSanta
N.Y. App. Div. · 2018 · confidence medium
Moreover, our review of the record reflects that defendant did not make any statements during the plea colloquy that cast doubt upon his guilt or negated an essential element of the crime so as to trigger the narrow exception to the preservation requirement ( see People v Lopez , 71 NY2d 662, 665-666 [1988]; People v Hopper , 153 AD3d 1045, 1046-1047 [2017], lv denied ___ NY3d ___ [Dec. 11, 2017]; People v Dejesus , 146 AD3d 1077, 1078 [2017]).
discussed Cited as authority (rule) People v. Pittman
N.Y. App. Div. · 2018 · confidence medium
Although defendant's unchallenged waiver of the right to appeal does not preclude his contention that his plea was not voluntary, it is nevertheless unpreserved for our review as the record does not reflect that he made an appropriate postallocution motion ( see People v Hopper , 153 AD3d 1045, 1046 [2017]; People v Ramos , 135 AD3d 1234, 1234-1235 [2016], lv denied 28 NY3d 935 [2016]).
discussed Cited as authority (rule) People v. Welden
N.Y. App. Div. · 2017 · confidence medium
Nor did defendant make any statements during the plea colloquy to warrant the application of the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Hopper, 153 AD3d 1045, 1046 [2017]; People v Williams, 150 AD3d 1549, 1550 [2017]).
The People of the State of New York, Respondent,
v.
Jeffrey Hopper, Jr., Appellant
107736.
Appellate Division of the Supreme Court of the State of New York.
Aug 10, 2017.
2017 NY Slip Op 6109
McCarthy, Garry, Lynch, Rose, Devine.
Cited by 16 opinions  |  Published
[*1046] McCarthy, J.P.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered November 7, 2014, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

In satisfaction of a multicount indictment, defendant pleaded guilty to one count of burglary in the second degree and waived his right to appeal. County Court sentenced him as a second felony offender to seven years in prison, to be followed by five years of postrelease supervision. Defendant appeals, and we now affirm.

Initially, we find that defendant’s waiver of appeal was knowing, voluntary and intelligent (see People v Sanders, 25 NY3d 337, 340-341 [2015]; People v Lopez, 6 NY3d 248, 256 [2006]). During the plea colloquy, County Court ascertained that defendant had adequate opportunity to discuss the plea agreement with counsel, understood the terms and was voluntarily waiving his right to appeal as part of the plea bargain (see People v Belile, 137 AD3d 1460, 1461 [2016]). County Court further ascertained that defendant understood that he was giving up his right to appeal, explained the appellate rights that could not be waived and ascertained that defendant understood that the appeal waiver was separate and distinct from those rights that he automatically forfeited by his guilty plea (see People v Lopez, 6 NY3d at 256-257; People v Belile, 137 AD3d at 1461; People v Rushlow, 137 AD3d 1482, 1483 [2016]). Defendant executed a written waiver of appeal in open court that indicated that he had sufficient time to discuss the waiver with counsel (see People v Belile, 137 AD3d at 1461; People v Lyman, 119 AD3d 968, 969 [2014], lv denied 27 NY3d 1153 [2016]). Considering the foregoing, defendant demonstrated his understanding and voluntary waiver of his right to appeal (see People v Empey, 144 AD3d 1201, 1202-1203 [2016], lv denied 28 NY3d 1144 [2017]; People v Lester, 141 AD3d 951, 953 [2016], lv denied 28 NY3d 1185 [2017]; People v Belile, 137 AD3d at 1461).

We reject defendant’s contention that his guilty plea was not knowing, voluntary and intelligent because County Court failed to inquire as to a potential intoxication defense. Although defendant’s contention survives his valid appeal waiver, it is unpreserved for our review inasmuch as the record fails to reflect that defendant made an appropriate postallocution motion to withdraw his guilty plea (see CPL 220.60 [3]; People v McCray, 139 AD3d 1235, 1235-1236 [2016]; People v Buck, 136 AD3d 1117, 1118 [2016]). Moreover, defendant did not make any statements during the plea colloquy that cast doubt upon[*1047] his guilt or negated an essential element of the crime so as to trigger the narrow exception to the preservation requirement or to impose an obligation upon County Court to inquire as to a potential intoxication defense (see People v Austin, 141 AD3d 956, 957 [2016]; People v Buck, 136 AD3d at 1118; People v Brown, 125 AD3d 1049, 1049-1050 [2015]). Indeed, defendant did not at any point during the plea colloquy indicate that he was intoxicated at the time of the burglary and admitted without hesitation that he broke into a dwelling with the intent to commit a crime therein (see People v Buck, 136 AD3d at 1118; People v Beblowski, 127 AD3d 1505, 1505 [2015], lv denied 26 NY3d 926 [2015]; People v Jones, 73 AD3d 1386, 1387 [2010]). Contrary to defendant’s argument, the arrest report and witnesses’ depositions submitted to County Court before the plea colloquy did not suggest that defendant was intoxicated at the time of the crime, and the postplea comments subsequently made by defendant during the Probation Department’s presentence investigation regarding his intoxication do not impose a duty of inquiry upon County Court concerning a potential intoxication defense (see People v Larock, 139 AD3d 1241, 1242 [2016], lv denied 28 NY3d 932 [2016]; People v Buck, 136 AD3d at 1118 n 2; People v Phillips, 30 AD3d 911, 911 [2006], lv denied 7 NY3d 869 [2006]).

Finally, defendant’s valid appeal waiver precludes his challenge to the severity of the sentence imposed (see People v Doggett, 146 AD3d 1172, 1173 [2017], lv denied 29 NY3d 1031 [2017]; People v McCall, 146 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1034 [2017]; People v Belile, 137 AD3d at 1461). Defendant’s remaining contentions have been examined and found to be lacking in merit.

Garry, Lynch, Rose and Devine, JJ., concur.

Ordered that the judgment is affirmed.