Appellate Division of the Supreme Court of New York, 2011

People v. Sorino

Appellate Division of the Supreme Court of New York · Decided March 8, 2011

82 A.D.3d 911; 918 N.Y.2d 348

Cases that cite this one

10 later published cases cite this decision.

People v. Morrison (Appellate Division of the Supreme Court of New York 2014)
People v. Morrison (Appellate Division of the Supreme Court of New York 2014)
People v. Holland (Appellate Division of the Supreme Court of New York 2012)
People v. Duah (Appellate Division of the Supreme Court of New York 2012)
People v. Crews (Appellate Division of the Supreme Court of New York 2012)
People v. Ceparano (Appellate Division of the Supreme Court of New York 2012)
People v. Ceparano (Appellate Division of the Supreme Court of New York 2012)
People v. Henson (Appellate Division of the Supreme Court of New York 2012)
People v. Henson (Appellate Division of the Supreme Court of New York 2012)
People v. Jones (Appellate Division of the Supreme Court of New York 2011)

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

By pleading guilty, the defendant forfeited appellate review of any claim of ineffective assistance of counsel that did not directly involve the negotiation of the plea (see People v Petgen, *91255 NY2d 529, 535 n 3 [1982]; People v Collier, 71 AD3d 909, 910 [2010]; People v Curry, 56 AD3d 489 [2008]; People v Scalercio, 10 AD3d 697 [2004]). To the extent that the defendant’s claim of ineffective assistance of counsel does not relate to the voluntariness of the plea, the defendant’s valid and unrestricted waiver of his right to appeal foreclosed appellate review of that claim (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Aguayo, 73 AD3d 938, 939 [2010]; People v Taubenkraut, 48 AD3d 598 [2008]). To the extent that the defendant is claiming that his counsel was ineffective such that the voluntariners of his plea was affected, this contention is without merit (see Hill v Lockhart, 474 US 52, 58-59 [1985]; Strickland v Washington, 466 US 668, 687 [1984]; People v McDonald, 1 NY3d 109, 113-115 [2003]).

The defendant’s waiver of his right to appeal precludes appellate review of his claim that his sentence was excessive (see People v Lopez, 6 NY3d 248 [2006]; People v Hidalgo, 91 NY2d 733 [1998]). Skelos, J.E, Covello, Eng, Chambers and Sgroi, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.