Appellate Division of the Supreme Court of New York, 2012

People v. Crews

Appellate Division of the Supreme Court of New York · Decided February 14, 2012

92 A.D.3d 795; 938 N.Y.2d 475

Cases that cite this one

16 later published cases cite this decision.

People v. Ringler (Appellate Division of the Supreme Court of New York 2019)
People v. Lagarenne (Appellate Division of the Supreme Court of New York 2017)
People v. Duchatellier (Appellate Division of the Supreme Court of New York 2016)
People v. Robinson (Appellate Division of the Supreme Court of New York 2016)
People v. Devodier (Appellate Division of the Supreme Court of New York 2013)
People v. Devodier (Appellate Division of the Supreme Court of New York 2013)
People v. Hernandez (Appellate Division of the Supreme Court of New York 2013)
People v. Hernandez (Appellate Division of the Supreme Court of New York 2013)
People v. Abdul (Appellate Division of the Supreme Court of New York 2013)
People v. Abdul (Appellate Division of the Supreme Court of New York 2013)
People v. Ovalle (Appellate Division of the Supreme Court of New York 2013)
People v. Ovalle (Appellate Division of the Supreme Court of New York 2013)
People v. Arrington (Appellate Division of the Supreme Court of New York 2012)
People v. Appling (Appellate Division of the Supreme Court of New York 2012)
People v. Young (Appellate Division of the Supreme Court of New York 2012)
People v. Young (Appellate Division of the Supreme Court of New York 2012)

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

The defendant knowingly, voluntarily, and intelligently waived his right to appeal at his plea allocution (see People v Ramos, 7 NY3d 737 [2006]; People v Muniz, 91 NY2d 570 [1998]; People v Seaberg, 74 NY2d 1 [1989]). The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Charpentier, 44 AD3d 680 [2007]; People v Hubbard, 26 AD3d 446 [2006]; People v Manzullo, 14 AD3d 717 [2005]).

The defendant’s valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of his plea al*796locution (see People v Hardee, 84 AD3d 835 [2011]; People v Brown, 78 AD3d 723 [2010]; People v Budden, 77 AD3d 672 [2010]; People v Johnson, 73 AD3d 951 [2010]), and of his claim that his sentence was excessive (see People v Ramos, 7 NY3d at 738; People v Hawthorne, 85 AD3d 819 [2011]; People v Benitez, 84 AD3d 826, 827 [2011]; People v Sorino, 82 AD3d 911, 912 [2011]). Rivera, J.E, Eng, Chambers, Sgroi and Miller, JJ., concur.

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