People v. Nicholson
| Decision Date | 06 October 2008 |
| Citation | 897 N.E.2d 1092,11 N.Y.3d 834 |
| Parties | PEOPLE v. NICHOLSON. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from 3d Dept.: 50 A.D.3d 1397, 856 N.Y.S.2d 290 (Rensselaer).
Application for leave to appeal Denied. (Kaye, C.J.)
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8 cases
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People v. Hoffler
... ... unjustifiable failure to raise such ground or issue upon an appeal actually perfected by him" (CPL 440.10[2][c]; see People v. Polanco, 52 A.D.3d 947, 947, 858 N.Y.S.2d 614 [2008], lv. denied 11 N.Y.3d 793, 866 N.Y.S.2d 619, 896 N.E.2d 105 [2008]; People v. Nicholson, 50 A.D.3d 1397, 1399, 856 N.Y.S.2d 290 [2008], lv. denied 11 N.Y.3d 834, 868 N.Y.S.2d 608, 897 N.E.2d 1092 [2008] ). Here, while most of defendant's allegations of ineffective assistance of counsel are based on matters in the record and could have been resolved-but were not raised-on direct appeal ... ...
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People v. McFarley
... ... Gregg, 107 A.D.3d 1451, 1452, 965 N.Y.S.2d 908 ) and the valid waivers of the right to appeal (see People v. Rossetti, 55 A.D.3d 637, 638, 865 N.Y.S.2d 318 ; see also People v. Nicholson, 50 A.D.3d 1397, 13981399, 856 N.Y.S.2d 290, lv. denied 11 N.Y.3d 834, 868 N.Y.S.2d 608, 897 N.E.2d 1092 ), we conclude that defendant's challenges to counsel's conduct at sentencing do not warrant reversal or modification of the judgments of conviction. Defendant contends that defense counsel ... ...
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People v. Rodriguez
...11 N.Y.3d 790, 866 N.Y.S.2d 616, 896 N.E.2d 102 [2008] ; People v. Nicholson, 50 A.D.3d 1397, 1398, 856 N.Y.S.2d 290 [2008], lv denied 11 N.Y.3d 834, 868 N.Y.S.2d 608, 897 N.E.2d 1092 [2008] ; see also People v. Russell, 143 A.D.3d 1188, 1189–1190, 40 N.Y.S.3d 607 [2016] ; People v. Bucknor......
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People v. DePalma
... ... Defendant contends that County Court improperly enhanced his bargained-for sentence by ordering that the two terms of [99 A.D.3d 1117]imprisonment run consecutively rather than concurrently. Although this argument is not precluded by defendant's appeal waiver ( see People v. Nicholson, 50 A.D.3d 1397, 1398, 856 N.Y.S.2d 290 [2008],lv. denied11 N.Y.3d 834, 868 N.Y.S.2d 608, 897 N.E.2d 1092 [2008] ), it is unpreserved for our review as the record before us indicates that he did not move to withdraw his plea based upon the potential for an enhanced sentence, nor did he object at ... ...
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