People v. Moissett

CourtNew York Court of Appeals
Writing for the CourtWACHTLER
Citation76 N.Y.2d 909,563 N.Y.S.2d 43,564 N.E.2d 653
Decision Date16 October 1990
Parties, 564 N.E.2d 653 The PEOPLE of the State of New York, Respondent, v. John M. MOISSETT, Jr., Appellant.

Page 43

563 N.Y.S.2d 43
76 N.Y.2d 909, 564 N.E.2d 653
The PEOPLE of the State of New York, Respondent,
v.
John M. MOISSETT, Jr., Appellant.
Court of Appeals of New York.
Oct. 16, 1990.

Page 44

[76 N.Y.2d 910] [564 N.E.2d 654] John Ferrara, Massapequa, and Carl Silverstein, Monticello, for appellant.

Stephen F. Lungen, Dist. Atty. (Bonnie M. Mitzner, Monticello, of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, 154 A.D.2d 786, 546 N.Y.S.2d 463, should be affirmed.

We conclude that there is support in the record for the Appellate Division's determination that defendant knowingly, voluntarily and intelligently waived his right to appeal and that a waiver of the right to appeal was an integral part of the negotiated plea. Significantly, defendant does not contend that the plea itself was not voluntary, knowing and intelligent. Rather, relying on People v. Seaberg 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022, he argues that the waiver of the right to appeal was infirm because the court failed to conduct the type of inquiry discussed in Seaberg and demonstrated its own confusion, when at sentencing, the court advised defendant of his right to appeal.

We have consistently held that trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives [76 N.Y.2d 911] a plethora of rights (see, People v. Nixon, 21 N.Y.2d 338, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170). We have required, however, that for a waiver to be enforceable, it must be voluntary, knowing and intelligent (see, People v. Harris, supra; People v. Rodriguez, 50 N.Y.2d 553, 429 N.Y.S.2d 631, 407 N.E.2d 475; People v. Adams, 38 N.Y.2d 605, 381 N.Y.S.2d 847, 345 N.E.2d 318; People v. White, 32 N.Y.2d 393, 345 N.Y.S.2d 513, 298 N.E.2d 659; People v. Nixon, supra), and we have specifically approved waivers of the right to appeal, finding that public interest concerns underlying plea bargains generally are served by enforcing such waivers ( see, People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022, supra).

In Seaberg, we suggested more detailed guidelines for trial courts to follow in assuring that waivers are voluntary, knowing and intelligent (id., at 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022) and...

To continue reading

Request your trial
185 practice notes
  • People v. Martin
    • United States
    • New York Supreme Court — Appellate Division
    • February 10, 1998
    ...an understanding of the consequences thereof (North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162; People v. Moissett, 76 N.Y.2d 909, 910-911, 563 N.Y.S.2d 43, 564 N.E.2d 653), especially when the defendant makes a complete factual allocution in the presence of counsel and a......
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...an accused may waive any right which he or she enjoys" ( 74 N.Y.2d at 7, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; see People v. Moissett , 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ; cf. Cowles v. Brownell , 73 N.Y.2d 382, 540 N.Y.S.2d 973, 538 N.E.2d 325 [1989] ). Appeal wa......
  • People v. Peque
    • United States
    • New York Court of Appeals
    • November 19, 2013
    ...are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” ( People v. Moissett, 76 N.Y.2d 909, 910, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). As long as the court assures itself that the defendant knows of the possibility of deportation......
  • People v. Peque
    • United States
    • New York Court of Appeals
    • November 19, 2013
    ...are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” ( People v. Moissett, 76 N.Y.2d 909, 910, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). As long as the court assures itself that the defendant knows of the possibility of deportation......
  • Request a trial to view additional results
185 cases
  • People v. Martin
    • United States
    • New York Supreme Court — Appellate Division
    • February 10, 1998
    ...an understanding of the consequences thereof (North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162; People v. Moissett, 76 N.Y.2d 909, 910-911, 563 N.Y.S.2d 43, 564 N.E.2d 653), especially when the defendant makes a complete factual allocution in the presence of counsel and a......
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...an accused may waive any right which he or she enjoys" ( 74 N.Y.2d at 7, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; see People v. Moissett , 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ; cf. Cowles v. Brownell , 73 N.Y.2d 382, 540 N.Y.S.2d 973, 538 N.E.2d 325 [1989] ). Appeal wa......
  • People v. Peque
    • United States
    • New York Court of Appeals
    • November 19, 2013
    ...are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” ( People v. Moissett, 76 N.Y.2d 909, 910, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). As long as the court assures itself that the defendant knows of the possibility of deportation......
  • People v. Peque
    • United States
    • New York Court of Appeals
    • November 19, 2013
    ...are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea” ( People v. Moissett, 76 N.Y.2d 909, 910, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). As long as the court assures itself that the defendant knows of the possibility of deportation......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT