People v. Martinez, 2014–11443
| Court | New York Supreme Court Appellate Division |
| Citation | 155 A.D.3d 1063,64 N.Y.S.3d 587 (Mem) |
| Docket Number | Ind. No. 14–00197,2014–11443 |
| Parties | The PEOPLE, etc., respondent, v. Angel MARTINEZ, appellant. |
| Decision Date | 29 November 2017 |
155 A.D.3d 1063
64 N.Y.S.3d 587 (Mem)
The PEOPLE, etc., respondent,
v.
Angel MARTINEZ, appellant.
2014–11443
Ind. No. 14–00197
Supreme Court, Appellate Division, Second Department, New York.
Submitted October 10, 2017
November 29, 2017
Del Atwell, East Hampton, NY, for appellant, and appellant pro se.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Steven A. Bender of counsel), for respondent.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered October 28, 2014, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the factual sufficiency of the plea allocution (see People v. Flowers, 152 A.D.3d 791, 56 N.Y.S.3d 470 ; People v. Smith, 146 A.D.3d 904, 904–905, 44 N.Y.S.3d 771 ).
The defendant's contention that his plea was not knowing, voluntary, and intelligent survives his valid appeal waiver (see People v. Smith, 146 A.D.3d at 904–905, 44 N.Y.S.3d 771 ; People v. Magnotta, 137 A.D.3d 1303, 27 N.Y.S.3d 403 ). However, contrary to the defendant's contention, his plea of guilty was not coerced by the County Court's remarks informing him of his possible sentence exposure were he to proceed to trial. Such remarks are informative rather than coercive (see People v. Foster, 99 A.D.3d 812, 812–813, 951 N.Y.S.2d 890 ;
People v. Strong, 80 A.D.3d 717, 718, 914 N.Y.S.2d 679 ; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280 ).
By pleading guilty, the defendant forfeited appellate...
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People v. Walter V., 2016–08319
...contention that his pleas were not knowing, voluntary, and intelligent survives his valid appeal waivers (see People v. Martinez, 155 A.D.3d 1063, 64 N.Y.S.3d 587 ; People v. Smith, 146 A.D.3d 904, 904–905, 44 N.Y.S.3d 771 ; People v. Magnotta, 137 A.D.3d 1303, 27 N.Y.S.3d 403 ). However, t......
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People v. Atkins, 2016–08174
...of the defendant's ineffective assistance of counsel claim to issues regarding the voluntariness of the plea (see People v. Martinez, 155 A.D.3d 1063, 64 N.Y.S.3d 587 ; People v. Flowers, 152 A.D.3d 791, 56 N.Y.S.3d 470 ). To the extent that the defendant's contentions are related to the vo......
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People v. Avilacruz, 2018–02726
...directly involve the plea negotiation process and sentence (see People v. King, 169 A.D.3d 1060, 92 N.Y.S.3d 895 ; People v. Martinez, 155 A.D.3d 1063, 64 N.Y.S.3d 587 ). To the extent that the defendant's contentions are related to the voluntariness of the plea, they cannot be reviewed on ......
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People v. Corines, 2019–03642
...found guilty at trial were informative and not coercive (see People v. Bridgers , 159 A.D.3d 715, 69 N.Y.S.3d 497 ; People v. Martinez , 155 A.D.3d 1063, 64 N.Y.S.3d 587 ). The defendant's contention that his plea of guilty was not voluntary because he was experiencing pain due to a medical......