New York Court of Appeals, 2006

People v. Moyett

New York Court of Appeals · Decided November 21, 2006 · Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read, Smith and Pigott Concur in Memorandum

860 N.E.2d 59; 7 N.Y.3d 892; 826 N.Y.S.2d 597; 2006 NY Slip Op 8643; 2006 N.Y. LEXIS 3571 (North Eastern Reporter, Second Series)

Cases that cite this one

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

People v. Russell (Appellate Division of the Supreme Court of New York 2020)
People v. Johnson (Appellate Division of the Supreme Court of New York 2016)
People v. Williams (Appellate Division of the Supreme Court of New York 2008)
People v. Hall (Appellate Division of the Supreme Court of New York 2024)
The People v. Juan Johnson (N.Y. 2022)
People v. Tietje (Appellate Division of the Supreme Court of New York 2019)
People v. Pelige (Appellate Division of the Supreme Court of New York 2019)
People v. Pelinkovic (Appellate Division of the Supreme Court of New York 2019)
People v. Omaro (Appellate Division of the Supreme Court of New York 2019)
People v. Wanzer (Appellate Division of the Supreme Court of New York 2019)
People v. Cabrera (Appellate Division of the Supreme Court of New York 2019)
People v. Martin (Appellate Division of the Supreme Court of New York 2018)
People v. Anderson (Appellate Division of the Supreme Court of New York 2018)
People v. Pierre (Appellate Division of the Supreme Court of New York 2018)
People v. Medina (Appellate Division of the Supreme Court of New York 2017)
People v. Garcia (Appellate Division of the Supreme Court of New York 2017)
People v. Ferguson (Appellate Division of the Supreme Court of New York 2017)
People v. Ferguson (Appellate Division of the Supreme Court of New York 2017)
People v. Ruiz (Appellate Division of the Supreme Court of New York 2017)
People v. Billups (Appellate Division of the Supreme Court of New York 2017)
People v. Camarda (Appellate Division of the Supreme Court of New York 2016)
People v. Tapia-Flores (Appellate Division of the Supreme Court of New York 2016)
PRINCE, EDWARD D., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
SADDLER, JR., JERRY T., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Prince (Appellate Division of the Supreme Court of New York 2016)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the excessive sentencing issue.

Defendant’s purported waiver of appeal during the plea colloquy was invalid because the court advised defendant that *893 “by pleading guilty you give up your right to appeal the conviction.” Based on this statement, defendant may have erroneously believed that the right to appeal is automatically extinguished upon entry of a guilty plea (see People v Billingslea, 6 NY3d 248, 257 [2006]). Under these circumstances, and absent a written waiver of appeal or some indication in the record that defendant understood the distinction between the right to appeal and other trial rights forfeited incident to a guilty plea, there is inadequate assurance that defendant entered into a knowing, intelligent and voluntary waiver of appeal.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read, Smith and Pigott concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

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