People v. Aguayo
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Griswold (Appellate Division of the Supreme Court of New York 2007)
- PORTERFIELD, CHARLES, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Porterfield (Appellate Division of the Supreme Court of New York 2013)
- People v. Porterfield (Appellate Division of the Supreme Court of New York 2013)
- DAVIS, MCARTHUR, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Davis (Appellate Division of the Supreme Court of New York 2012)
- People v. Davis (Appellate Division of the Supreme Court of New York 2012)
- HODGE, SHAKEYMO, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- NEWBOULD, DAVID W., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Newbould (Appellate Division of the Supreme Court of New York 2011)
- People v. Hodge (Appellate Division of the Supreme Court of New York 2011)
- People v. Madison (Appellate Division of the Supreme Court of New York 2010)
- People v. Allport (Appellate Division of the Supreme Court of New York 2009)
- People v. DeLaRosa (Appellate Division of the Supreme Court of New York 2008)
- People v. King (Appellate Division of the Supreme Court of New York 2008)
- People v. Jones (Appellate Division of the Supreme Court of New York 2008)
- People v. Carlisle (Appellate Division of the Supreme Court of New York 2008)
- People v. Correa (Appellate Division of the Supreme Court of New York 2008)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2008)
- People v. Russell (Appellate Division of the Supreme Court of New York 2008)
- People v. Martin (Appellate Division of the Supreme Court of New York 2008)
- People v. Springstead (Appellate Division of the Supreme Court of New York 2008)
- People v. Neal (Appellate Division of the Supreme Court of New York 2008)
- People v. Wilson (Appellate Division of the Supreme Court of New York 2007)
- People v. Maysonet (Appellate Division of the Supreme Court of New York 2007)
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 Onondaga County Court (William D. Walsh, J.), rendered April 7, 2004. The judgment convicted defendant, upon his plea of guilty, of manslaughter 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 his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Peterson, 35 AD3d 1195 [2006]). We reject defendant’s further contention that the waiver of the right to appeal is against public policy (see Peterson, 35 AD3d 1195 [2006]; see generally People v Muniz, 91 NY2d 570, 573-575 [1998]). Although the further contention of defendant that his plea was not voluntary survives the waiver of the right to appeal, defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve that contention for our review (see Peterson, 35 AD3d 1195 [2006]; People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, defendant’s contention is without merit. Contrary to the contention of defendant, there is no requirement that he recite the facts underlying the crime to which he pleaded guilty (see People v Seeber, 4 NY3d 780, 781 [2005] ), and the record establishes that he confirmed County Court’s recitation of those facts (see Peterson, 35 AD3d 1195 [2006] ). Finally, the waiver by defendant of the right to appeal encompasses his contention that the court erred in denying his motion to suppress his statement to the police (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Stewart, 35 AD3d 1168 [2006]), as well as his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255; People v Lococo, 92 NY2d 825, 827 [1998]). Present—Scudder, PJ., Martoche, Centra, Fahey and Pine, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.