People v. Lewis
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | KAVANAGH |
| Citation | 95 A.D.3d 1442,2012 N.Y. Slip Op. 03679,944 N.Y.S.2d 388 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Adam LEWIS, Appellant. |
| Decision Date | 10 May 2012 |
95 A.D.3d 1442
944 N.Y.S.2d 388
2012 N.Y. Slip Op. 03679
The PEOPLE of the State of New York, Respondent,
v.
Adam LEWIS, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
May 10, 2012.
Bruce E. Knoll, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: ROSE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ.
KAVANAGH, J.
[95 A.D.3d 1442]Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered July 24, 2009, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, assault in the first degree, burglary in the first degree (two counts), aggravated criminal contempt (two counts), attempted burglary in the second degree, endangering the welfare of a child (three
[944 N.Y.S.2d 389]
counts), criminal mischief in the fourth degree (five counts), aggravated harassment in the second degree (three counts) and harassment in the second degree.
In December 2008, defendant was charged by indictment with, among other things, attempted murder in the second degree, assault in the first degree and two counts of burglary in the first degree, all stemming from six separate incidents in which it was alleged that defendant, over a period time, had assaulted and harassed the victim. Ultimately, defendant was alleged to have forced his way into the victim's home, where he stabbed her in the back and abdomen with a sharp object.1 After defendant was arrested, he made numerous statements to the police admitting his prior contact with the victim and his forcible entry into her [95 A.D.3d 1443]home where he attacked her with a piece of glass.2 Defendant moved to suppress these statements but, after a hearing, defendant's motion was denied. Thereafter, defendant pleaded guilty to the entire indictment, waived his right to appeal and was sentenced to an aggregate term of 14 years in prison, plus five years of postrelease supervision.3 Defendant now appeals.
Initially, defendant claims that the waiver of his right to appeal was unenforceable because he received no consideration in return for executing it and because it required that he give up rights that could not be legally waived. We note that defendant, in addition to executing a written waiver of appeal, confirmed in open court with counsel present that he fully understood he was waiving his right to appeal and stated that “from this point forward, I...
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People v. Tucker
...at trial, the People's failure to provide her grand jury testimony to defendant was not a Rosario violation ( seeCPL 240.45[1][a]; [95 A.D.3d 1442]People v. Mosby, 69 A.D.3d 1045, 1048, 894 N.Y.S.2d 534 [2010];People v. Marsh, 248 A.D.2d 743, 745, 669 N.Y.S.2d 707 [1998],lvs. denied92 N.Y.2......
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People v. Ferro
...appeal waiver, we further conclude that he validly waived his right to appeal from the conviction and sentence ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012] ). Contrary to defendant's claim, his assertio......
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People v. Frasier,
...assertions that County Court erred in its decision following the Wade hearing and in precluding his alibi defense ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012];People v. Moreno, 86 A.D.3d 863, 864, 927 N......
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People v. Baliraj
...contention regarding his motion for a Dunaway hearing is foreclosed by the valid waiver of the right to appeal ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012];People v. White, 75 A.D.3d 837, 838, 905 N.Y.S......
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People v. Tucker
...at trial, the People's failure to provide her grand jury testimony to defendant was not a Rosario violation ( seeCPL 240.45[1][a]; [95 A.D.3d 1442]People v. Mosby, 69 A.D.3d 1045, 1048, 894 N.Y.S.2d 534 [2010];People v. Marsh, 248 A.D.2d 743, 745, 669 N.Y.S.2d 707 [1998],lvs. denied92 N.Y.2......
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People v. Ferro
...appeal waiver, we further conclude that he validly waived his right to appeal from the conviction and sentence ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012] ). Contrary to defendant's claim, his assertio......
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People v. Frasier,
...assertions that County Court erred in its decision following the Wade hearing and in precluding his alibi defense ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012];People v. Moreno, 86 A.D.3d 863, 864, 927 N......
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People v. Baliraj
...contention regarding his motion for a Dunaway hearing is foreclosed by the valid waiver of the right to appeal ( see People v. Lewis, 95 A.D.3d 1442, 1443, 944 N.Y.S.2d 388 [2012],lv. denied19 N.Y.3d 998, 951 N.Y.S.2d 474, 975 N.E.2d 920 [2012];People v. White, 75 A.D.3d 837, 838, 905 N.Y.S......