People v. Calvi

CourtNew York Court of Appeals
Writing for the CourtKAYE
Citation653 N.Y.S.2d 89,89 N.Y.2d 868
Decision Date18 December 1996
Parties, 675 N.E.2d 843 The PEOPLE of the State of New York, Respondent, v. Michael CALVI, Appellant.

Page 89

653 N.Y.S.2d 89
89 N.Y.2d 868, 675 N.E.2d 843
The PEOPLE of the State of New York, Respondent,
v.
Michael CALVI, Appellant.
Court of Appeals of New York.
Dec. 18, 1996.

Page 90

Carlo Joseph Calvi, Yonkers, and John R. Kelligrew, White Plains, for appellant.

Christopher Quinn, Deputy Attorney-General, Albany (F. Josiah Leicht and William Comiskey, of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified and the case remitted to the Appellate Division for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Defendant was convicted, following a nonjury trial, of multiple counts of bribe receiving, criminal possession of a forged instrument, grand larceny and receiving unlawful gratuities in connection with a municipal corruption scandal, investigation and series of prosecutions in Yonkers, New York. At a presentencing hearing, the Trial Judge, on the record, urged the defendant to cooperate with the New York State Organized Crime Task Force. Defendant began to do so in accordance with a written and signed cooperation agreement, entered into in the presence of and with the advice of his lawyers. Defendant agreed to testify against other targets in exchange for prosecutors bringing his cooperation to the attention of the trial court.

The agreement also contained a provision--the sole reviewable issue on this appeal--by which defendant purported to waive the right to appeal his conviction. No mention of the cooperation agreement or the waiver provision was made at the sentencing hearing, nor does it appear that it was judicially reviewed at all as part of the record. At that time, however, the prosecution did describe defendant's cooperation as "helpful, but not substantial." Though consecutive sentences were authorized, the trial court ultimately sentenced defendant to indeterminate terms of imprisonment, concurrent to Federal sentences. Defendant appealed to the Appellate Division. That Court modified defendant's sentence, but otherwise enforced the waiver of the right to appeal. A Judge of this Court granted leave to appeal, and we now modify by remitting for a determination of the validity of defendant's waiver.

This Court has approved the effectiveness of waivers of the right to appeal, so long as they are voluntary, knowing and intelligent, and "[t]he trial court determines that [the waiver] meets those requirements" (People v....

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32 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843). “An appellate waiver meets this standard when a defendant has ‘a full appreciation of the consequenc......
  • People v. Brown,
    • United States
    • New York Supreme Court Appellate Division
    • September 10, 2014
    ...that the defendant's decision to waive the right to appeal was the product of free and informed deliberation (see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 ), and the appellate court can reach the same determination upon a review of the record. Additionally, wheth......
  • State v. Ted B.
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2015
    ...However, the letter provides no assurance that he came to that conclusion after having consulted with his attorney ( see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 [“Something ... must be placed on the record, and nothing was done here, including no manifest review......
  • State v. Ted B., 2012-10730.
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2015
    ...However, the letter provides no assurance that he came to that conclusion after having consulted with his attorney (see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 [“Something ... must be placed on the record, and nothing was done here, including no manifest review ......
  • Request a trial to view additional results
32 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843). “An appellate waiver meets this standard when a defendant has ‘a full appreciation of the consequenc......
  • People v. Brown,
    • United States
    • New York Supreme Court Appellate Division
    • September 10, 2014
    ...that the defendant's decision to waive the right to appeal was the product of free and informed deliberation (see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 ), and the appellate court can reach the same determination upon a review of the record. Additionally, wheth......
  • State v. Ted B.
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2015
    ...However, the letter provides no assurance that he came to that conclusion after having consulted with his attorney ( see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 [“Something ... must be placed on the record, and nothing was done here, including no manifest review......
  • State v. Ted B., 2012-10730.
    • United States
    • New York Supreme Court Appellate Division
    • July 29, 2015
    ...However, the letter provides no assurance that he came to that conclusion after having consulted with his attorney (see People v. Calvi, 89 N.Y.2d 868, 871, 653 N.Y.S.2d 89, 675 N.E.2d 843 [“Something ... must be placed on the record, and nothing was done here, including no manifest review ......
  • Request a trial to view additional results

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