People v. Amay

Decision Date27 December 2017
Docket Number2011–11744,Ind. No. 2/11
Citation65 N.Y.S.3d 804 (Mem),156 A.D.3d 895
Parties The PEOPLE, etc., respondent, v. Paul AMAY, appellant.
CourtNew York Supreme Court — Appellate Division

156 A.D.3d 895
65 N.Y.S.3d 804 (Mem)

The PEOPLE, etc., respondent,
v.
Paul AMAY, appellant.

2011–11744
Ind.
No. 2/11

Supreme Court, Appellate Division, Second Department, New York.

December 27, 2017
Submitted—October 23, 2017


Neal D. Futerfas, White Plains, NY, for appellant.

Robert Tendy, District Attorney, Carmel, N.Y. (Melissa Lynch of counsel), for respondent.

MARK C. DILLON, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, JJ.

DECISION & ORDER

156 A.D.3d 895

Appeal by the defendant from a judgment of the County Court, Putnam County (Reitz, J.), rendered November 15, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that he was deprived of the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea (see People v. Thompson, 150 A.D.3d 1156, 1157, 52 N.Y.S.3d 675 ;

People v. Brown, 116 A.D.3d 1062, 1062–1063, 983 N.Y.S.2d 874 ). To the extent that the defendant contends that counsel's alleged ineffectiveness affected the voluntariness of his plea, his contention is based, in part, on matter on the record and, in part, on matter outside the record, and thus constitutes a "mixed claim" of ineffective assistance

( People v. Maxwell, 89 A.D.3d 1108, 1109, 933 N.Y.S.2d 386 ; see People v. Evans, 16 N.Y.3d 571, 575 n. 2, 925 N.Y.S.2d 366, 949 N.E.2d 457 ). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel (cf. People v. Crump, 53 N.Y.2d 824, 440 N.Y.S.2d 170, 422 N.E.2d 815 ; People v. Brown, 45 N.Y.2d 852, 410 N.Y.S.2d 287,...

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8 cases
  • People v. Istvan, 2017–01085
    • United States
    • New York Supreme Court Appellate Division
    • February 13, 2020
    ...696 People v. Diaz, 164 A.D.3d 519, 520, 77 N.Y.S.3d 883 ; People v. Squitieri, 157 A.D.3d 911, 911, 67 N.Y.S.3d 479 ; People v. Amay, 156 A.D.3d 895, 896, 65 N.Y.S.3d 804 ). In any event, the court's colloquy with the defendant established that the plea was knowing, voluntary, and intellig......
  • People v. Ackridge
    • United States
    • New York Supreme Court Appellate Division
    • October 31, 2018
    ...of these contentions implicates the voluntariness of his plea (see People v. Atkins , 157 A.D.3d 899, 66 N.Y.S.3d 915 ; People v. Amay , 156 A.D.3d 895, 65 N.Y.S.3d 804 ; see also People v. Gordon , 89 A.D.3d 1466, 932 N.Y.S.2d 410 ; People v. Pump , 67 A.D.3d 1041, 889 N.Y.S.2d 105 ). CHAM......
  • People v. Coleman
    • United States
    • New York Supreme Court Appellate Division
    • August 1, 2018
    ...of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea (see People v. Amay, 156 A.D.3d 895, 65 N.Y.S.3d 804 ; People v. Weston, 145 A.D.3d at 747, 43 N.Y.S.3d 413 ). The defendant's contention that his counsel's conduct affected the v......
  • People v. Diaz
    • United States
    • New York Supreme Court Appellate Division
    • August 1, 2018
    ...of his plea is unpreserved for appellate review (see People v. Squitieri, 157 A.D.3d 911, 911, 67 N.Y.S.3d 479 ; People v. Amay, 156 A.D.3d 895, 896, 65 N.Y.S.3d 804 ; People v. Nolasco, 149 A.D.3d 875, 875, 49 N.Y.S.3d 917 ; People v. Lovick, 127 A.D.3d 1108, 1108–1109, 5 N.Y.S.3d 878 ). I......
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