Appellate Division of the Supreme Court of New York, 2012

People v. Box

Appellate Division of the Supreme Court of New York · Decided June 15, 2012

96 A.D.3d 1570; 946 N.Y.S.2d 525

Cases that cite this one

36 later published cases cite this decision. The 25 that cite it most often are listed here.

FOREST, TERRANCE, PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
DAYS, RAYSHON, PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
People v. Days (Appellate Division of the Supreme Court of New York 2017)
People v. Forest (Appellate Division of the Supreme Court of New York 2017)
People v. Forest (Appellate Division of the Supreme Court of New York 2017)
COKER, ANTHONY, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
CAUFIELD, CHRISTOPHER J., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Caufield (Appellate Division of the Supreme Court of New York 2015)
People v. Caufield (Appellate Division of the Supreme Court of New York 2015)
People v. Coker (Appellate Division of the Supreme Court of New York 2015)
People v. Coker (Appellate Division of the Supreme Court of New York 2015)
HASSETT, MICHAEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
MOBLEY, SHADAJE, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
BLACKNELL, GERRARD, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
MCCULLARS, DOUGLAS, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
DONALDSON, JR., HENRY H., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
SANTOS, JOSEPH, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Santos (Appellate Division of the Supreme Court of New York 2014)
People v. Santos (Appellate Division of the Supreme Court of New York 2014)
People v. Donaldson (Appellate Division of the Supreme Court of New York 2014)
People v. Donaldson (Appellate Division of the Supreme Court of New York 2014)
People v. McCullars (Appellate Division of the Supreme Court of New York 2014)
People v. McCullars (Appellate Division of the Supreme Court of New York 2014)
People v. Blacknell (Appellate Division of the Supreme Court of New York 2014)
People v. Blacknell (Appellate Division of the Supreme Court of New York 2014)

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 (Joseph E. Fahey, J.), rendered June 5, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

*1571Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10 [1]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although we agree with defendant that the waiver of the right to appeal is invalid because the minimal inquiry made by County Court was “insufficient to establish that the court ‘ engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ ” (People v Brown, 296 AD2d 860 [2002], lv denied 98 NY2d 767 [2002]; see People v Hamilton, 49 AD3d 1163, 1164 [2008]), we nevertheless conclude that the sentence is not unduly harsh or severe. Present — Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.

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