People v. McKoy
| Decision Date | 29 November 2019 |
| Citation | 114 N.Y.S.3d 767,138 N.E.3d 496 (Table),34 N.Y.3d 1018 |
| Parties | PEOPLE v. MCKOY (Orraine) AKA 50 ( ) |
| Court | New York Court of Appeals Court of Appeals |
Denied (Wilson, J.).
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4 cases
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People v. Blanford
... ... Conley , 161 A.D.3d 1486, 1487, 77 N.Y.S.3d 772 [2018] ). We find no abuse of discretion in this regard (see People v. McKoy , 175 A.D.3d 1616, 16171618, 108 N.Y.S.3d 520 [2019], lvs denied 34 N.Y.3d 1016, 1018, 114 N.Y.S.3d 767, 138 N.E.3d 496 [2019]; People v. Conley , 161 A.D.3d at 1487, 77 N.Y.S.3d 772 ; People v. Clarke , 155 A.D.3d 1242, 12431244, 65 N.Y.S.3d 578 [2017], lv denied 30 N.Y.3d 1114, 77 N.Y.S.3d 339, ... ...
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People v. DeJesus-Ocasio
... ... Rodriguez, 185 A.D.3d 1296, 1297, 125 N.Y.S.3d 898 [2020] ). In addition, the court did not confirm that defendant had read the written waiver, reviewed it with counsel and was aware of its provisions (see People v. Rodriguez, 185 A.D.3d at 1297, 125 N.Y.S.3d 898 ; People v. McKoy, 175 A.D.3d 1616, 1617, 108 N.Y.S.3d 520 [2020], lvs denied 143 N.Y.S.3d 162 34 N.Y.3d 1016, 1018, 114 N.Y.S.3d 767, 138 N.E.3d 496 [2019] ). We note that the written waiver was overly broad as it encompassed certain nonwaivable rights, including the right to pursue CPL article 440 motions and/or ... ...
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People v. Brown
... ... Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Therefore, the challenge to the severity of the sentence is properly before us (see People v. McKoy, 175 A.D.3d 1616, 1617, 108 N.Y.S.3d 520 [3d Dept. 2019], lv denied 34 N.Y.3d 1018, 114 N.Y.S.3d 767, 138 N.E.3d 496 [2019] ). Nevertheless, in view of the violent nature of the crime and that the sentence was within the range agreed to as part of defendant's negotiated plea agreement, we discern ... ...
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McKoy v. Fields
... ... THE PETITIONPetitioner challenges a 2016 judgment of conviction in Clinton County, upon a guilty plea, of third degree criminal sale of a controlled substance, third degree criminal possession of a controlled substance, and resisting arrest. Pet. at 3; People v. McKoy, 175 A.D.3d 1616, 1616 (3d Dep't 2019). The New York State Supreme Court, Appellate Division, Third Department, affirmed the judgment of conviction, and, on November 29, 2019, the New York Court of Appeals denied leave to appeal. Pet. at 3; see McKoy, 175 A.D.3d at 1618, lv. denied, 34 ... ...