People v. Moore

Decision Date22 June 2016
Citation2016 N.Y. Slip Op. 04965,140 A.D.3d 1091,34 N.Y.S.3d 147
PartiesThe PEOPLE, etc., respondent, v. Anthony MOORE, appellant.
CourtNew York Supreme Court — Appellate Division

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

REINALDO E. RIVERA, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 10, 2014, convicting him of rape in the first degree and criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bethea, 133 A.D.3d 1033, 19 N.Y.S.3d 191 ). The Supreme Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal, and the defendant signed a written waiver which he discussed with counsel and which adequately supplemented the oral colloquy (see People v. Elliot, 137 A.D.3d 715, 716, 27 N.Y.S.3d 386 ; People v. Rivera, 126 A.D.3d 727, 728, 2 N.Y.S.3d 376 ).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive and of his challenge to the hearing court's suppression determination (see People v. Magnotta, 137 A.D.3d 1303, 27 N.Y.S.3d 403 ; People v. Walsh, 136 A.D.3d 629, 23 N.Y.S.3d 904 ; People v. Carney, 129 A.D.3d 1511, 10 N.Y.S.3d 377 ; People v. Williams, 122 A.D.3d 781, 994 N.Y.S.2d 867 ; People v. Sanchez, 122 A.D.3d 778, 778–779, 995 N.Y.S.2d 609 ). The defendant's valid waiver of his right to appeal also precludes review of his claim that he was deprived of the effective assistance of counsel during the suppression hearing, except to the extent that the alleged ineffective assistance may have affected the voluntariness of his plea (see People v. Jessamy, 137 A.D.3d 1056, 28 N.Y.S.3d 376 ; People v. Ramos, 77 A.D.3d 773, 909 N.Y.S.2d 484 ). To the extent that the defendant's ineffective assistance of counsel claim survives his valid waiver of the right to appeal, the claim is without merit (see People v. Morrow, 48 A.D.3d 704, 705, 852 N.Y.S.2d 327 ).

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24 cases
  • People v. Mack
    • United States
    • New York Supreme Court — Appellate Division
    • January 30, 2019
    ...knowingly, voluntarily, and intelligently waived her right to appeal at the time she entered her pleas of guilty (see People v. Moore, 140 A.D.3d 1091, 34 N.Y.S.3d 147 ; People v. Corbin, 121 A.D.3d 803, 993 N.Y.S.2d 746 ). The 168 A.D.3d 1101record shows that the Supreme Court adequately e......
  • People v. Hendrix
    • United States
    • New York Supreme Court — Appellate Division
    • May 22, 2019
    ...assistance affected the voluntariness of his plea (see People v. Rodriguez, 144 A.D.3d 950, 950, 40 N.Y.S.3d 786 ; People v. Moore, 140 A.D.3d 1091, 34 N.Y.S.3d 147 ; 98 N.Y.S.3d 890 People v. Upson, 134 A.D.3d 1058, 21 N.Y.S.3d 688 ). To the extent that the defendant's ineffective assistan......
  • People v. Kovalsky
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2018
    ...assistance affected the voluntariness of his plea (see People v. Rodriguez , 144 A.D.3d 950, 950, 40 N.Y.S.3d 786 ; People v. Moore , 140 A.D.3d 1091, 34 N.Y.S.3d 147 ; People v. Upson , 134 A.D.3d 1058, 21 N.Y.S.3d 688 ). To the extent that the defendant's ineffective assistance of counsel......
  • People v. Weston
    • United States
    • New York Supreme Court — Appellate Division
    • December 7, 2016
    ...to the extent that the alleged ineffective assistance of counsel may have affected the voluntariness of the pleas (see People v. Moore, 140 A.D.3d 1091, 1091–1092, 34 N.Y.S.3d 147 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ). Moreover, by pleading guilty, the defendant forf......
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