People v. Gilbert
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- MITCHELL, ANTHONY A., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Mitchell (Appellate Division of the Supreme Court of New York 2012)
- People v. Winchester (Appellate Division of the Supreme Court of New York 2007)
- People v. Schmitt (Appellate Division of the Supreme Court of New York 2005)
- WARREN, CHESTER W., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- HAVERS, JEFFREY A., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Havers (Appellate Division of the Supreme Court of New York 2012)
- People v. Warren (Appellate Division of the Supreme Court of New York 2012)
- People v. Warren (Appellate Division of the Supreme Court of New York 2012)
- BURYTA, BRANDON, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Buryta (Appellate Division of the Supreme Court of New York 2011)
- People v. Thompson (Appellate Division of the Supreme Court of New York 2010)
- People v. Connolly (Appellate Division of the Supreme Court of New York 2010)
- People v. Gimenez (Appellate Division of the Supreme Court of New York 2009)
- People v. Jones (Appellate Division of the Supreme Court of New York 2009)
- People v. Scott (Appellate Division of the Supreme Court of New York 2009)
- People v. Caraballo (Appellate Division of the Supreme Court of New York 2009)
- People v. Caraballo (Appellate Division of the Supreme Court of New York 2009)
- People v. Dean (Appellate Division of the Supreme Court of New York 2008)
- People v. Hunter (Appellate Division of the Supreme Court of New York 2008)
- People v. Williams (Appellate Division of the Supreme Court of New York 2008)
- People v. Jackson (Appellate Division of the Supreme Court of New York 2008)
- People v. Harris (Appellate Division of the Supreme Court of New York 2008)
- People v. Hogan (Appellate Division of the Supreme Court of New York 2008)
- People v. Garner (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered October 15, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]) and imposing the agreed-upon sentence. We reject the contention of defendant that his statements were insufficient to establish that he knowingly, intelligently and voluntarily waived the right to appeal. “[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights,” including the right to appeal (People v Moissett, 76 NY2d 909, 910-911 [1990]). Defendant’s responses to County Court’s questions unequivocally established that defendant understood the proceedings and was voluntarily waiving the right to appeal. His unrestricted waiver of the right to appeal encompasses his challenges to the court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Pittman, 13 AD3d 1145, 1146 [2004], lv denied 4 NY3d 801 [2005]), including the issue of whether he was read his Miranda rights (see generally People v Carpenter, 13 AD3d 1193 [2004], lv denied 4 NY3d 797 [2005]; People v Taylor, 302 AD2d 868 [2003], lv denied 99 NY2d 658 [2003]), and further encompasses his challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Allen, 82 NY2d 761, 763 [1993]).
Contrary to the further contention of defendant, the court did
We have considered defendant’s remaining contentions and conclude that they are without merit. Present—Kehoe, J.P., Gorski, Smith, Pine and Hayes, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.