People v. Joubert

Decision Date09 February 2018
Docket NumberKA 15–00424,200
Citation68 N.Y.S.3d 375 (Mem)
Parties The PEOPLE of the State of New York, Respondent, v. Jose L. JOUBERT, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

158 A.D.3d 1314
68 N.Y.S.3d 375 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Jose L. JOUBERT, Defendant–Appellant.

200
KA 15–00424

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

February 9, 2018


TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (JOSEPH R. PLUKAS OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, CARNI, NEMOYER, AND CURRAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree ( Penal Law § 265.03[3] ). Contrary to defendant's contention, the waiver of the right to appeal was knowingly, intelligently, and voluntarily entered (see People v. Goodwin, 147 A.D.3d 1352, 1352, 46 N.Y.S.3d 448 [4th Dept. 2017], lv denied

29 N.Y.3d 1032, 62 N.Y.S.3d 301, 84 N.E.3d 973 [2017]; see generally People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ). County Court ensured that defendant understood that "the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty" ( People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see People v. Brand, 112 A.D.3d 1320, 1321, 976 N.Y.S.2d 906 [4th Dept. 2013], lv denied 23 N.Y.3d 961, 988 N.Y.S.2d 568, 11 N.E.3d 718 [2014] ). Contrary to defendant's contention, the court was not required to advise defendant that the waiver of the right to appeal encompassed the court's suppression ruling (see Brand, 112 A.D.3d at 1321, 976 N.Y.S.2d 906 ; see generally People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999] ), and his challenge to the adverse suppression ruling is foreclosed by the valid waiver of the right to appeal (see Kemp, 94 N.Y.2d at 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Carter, 147 A.D.3d 1540, 1540, 46 N.Y.S.3d 812 [4th Dept. 2017], lv denied 29 N.Y.3d 1030, 62 N.Y.S.3d 299,...

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7 cases
  • People v. Kates
    • United States
    • New York Supreme Court — Appellate Division
    • June 15, 2018
    ...that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Joubert, 158 A.D.3d 1314, 1315, 68 N.Y.S.3d 375 [4th Dept. 2018], lv denied ––– N.Y.3d ––––, 78 N.Y.S.3d 284, 102 N.E.3d 1063, 2018 WL 2169456 [Apr. 26, 2018] [2018] ; People v. Smith, 138 A.D.3d 1......
  • People v. Truitt
    • United States
    • New York Supreme Court — Appellate Division
    • March 15, 2019
    ...guilty (see People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Joubert , 158 A.D.3d 1314, 1315, 68 N.Y.S.3d 375 [4th Dept. 2018], lv denied 31 N.Y.3d 1014, 78 N.Y.S.3d 284, 102 N.E.3d 1065 [2018] ; People v. Williams , 49 A.D.3d 1281, 1282, 856 N.Y.S.2......
  • People v. Antonio J.
    • United States
    • New York Supreme Court — Appellate Division
    • June 14, 2019
    ...[4th Dept. 2013], lv denied 23 N.Y.3d 961, 988 N.Y.S.2d 568, 11 N.E.3d 718 [2014] ; see also People v. Joubert, 158 A.D.3d 1314, 1315, 68 N.Y.S.3d 375 [4th Dept. 2018], lv denied 31 N.Y.3d 1014, 78 N.Y.S.3d 284, 102 N.E.3d 1065 [2018] ; see generally People v. Kemp, 94 N.Y.2d 831, 833, 703 ......
  • People v. Williams
    • United States
    • New York Supreme Court — Appellate Division
    • February 11, 2021
    ...350 [4th Dept. 2018], lv denied 31 N.Y.3d 1077, 79 N.Y.S.3d 99, 103 N.E.3d 1246 [2018] ; People v. Joubert , 158 A.D.3d 1314, 1315, 68 N.Y.S.3d 375 [4th Dept. 2018], lv denied 31 N.Y.3d 1014, 78 N.Y.S.3d 284, 102 N.E.3d 1065 [2018] ). In our view, the "purported waiver of the right to appea......
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