People v. Bookard, 2008-01602

Decision Date22 December 2009
Docket Number2008-01602
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE BOOKARD, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

Initially, we note that the defendant's purported waiver of his right to appeal was not valid (see People v Moyett, 7 NY3d 892, 893 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]).

Contrary to the defendant's contention, his plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 870 [1998]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Grimes, 35 AD3d 882, 883 [2006]). The defendant affirmatively stated, in response to the court's questions at his plea allocution, that he understood every inquiry regarding the nature of the proceedings and his relinquishment of the rights in connection therewith. The defendant agreed to the plea bargain and did so voluntarily, with a full appreciation of the consequences, and upon the competent advice of counsel.

The defendant was not denied the effective assistance of counsel (see People v Caban, 5 NY3d 143 [2005]; People v Benevento, 91 NY2d 708 [1998]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

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5 cases
  • People v. Madison
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Septiembre 2022
    ...was knowingly, intelligently, and voluntarily entered (see People v. Andrea, 98 A.D.3d at 627, 949 N.Y.S.2d 654 ; People v. Bookard, 68 A.D.3d 1128, 1129, 890 N.Y.S.2d 343 ).As the People concede, the County Court erroneously adjudicated the defendant a second felony offender when he should......
  • People v. Andrea
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Agosto 2012
    ...so voluntarily, with a full appreciation of the consequences thereof, and upon the competent advice of counsel ( see People v. Bookard, 68 A.D.3d 1128, 1129, 890 N.Y.S.2d 343). To the extent that the defendant contends that ineffective assistance of counsel affected the voluntariness of his......
  • People v. Madison
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Septiembre 2022
    ...plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Andrea, 98 A.D.3d at 627; People v Bookard, 68 A.D.3d 1128, 1129). As the People concede, the County Court erroneously adjudicated the defendant a second felony offender when he should have been adjudicated a......
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • 9 Octubre 2013
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