People v. Pittman
| Decision Date | 08 January 2019 |
| Citation | 32 N.Y.3d 1176,97 N.Y.S.3d 601,121 N.E.3d 228 (Table) |
| Parties | PEOPLE v. PITTMAN (Onte) |
| Court | New York Court of Appeals Court of Appeals |
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10 cases
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People v. Burnell
... ... Although defendant executed a written waiver in open court, the court did not ascertain from defendant that he had conferred with counsel, had read the written appeal waiver or that he understood the consequences thereof (see People v. Pittman, 166 A.D.3d 1243, 1244, 86 N.Y.S.3d 347 [2018], lv denied 32 N.Y.3d 1176, 97 N.Y.S.3d 601, 121 N.E.3d 228 [2019] ; People v. Mallard, 163 A.D.3d 1350, 1351, 82 N.Y.S.3d 653 [2018], lv denied 32 N.Y.3d 1066, 113 N.E.3d 954 [2018] ). Given the invalid appeal waiver, defendant's challenge to the ... ...
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People v. Diggs, 109410
... ... Under these circumstances, defendant's allegations and unsupported claim of innocence did not undermine the voluntariness of his plea (see People v. Palmer , 174 A.D.3d 1118, 1119, 104 N.Y.S.3d 793 [2019] ; People v. Pittman , 166 A.D.3d 1243, 1245, 86 N.Y.S.3d 347 [2018], lv denied 32 N.Y.3d 1176, 97 N.Y.S.3d 601, 121 N.E.3d 228 [2019] ). Further, in the absence of sufficient "evidence of innocence, fraud or mistake in the inducement," County Court did not abuse its discretion in denying defendant's motion to withdraw ... ...
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People v. Rivera
... ... [2019] [citations omitted], lv denied 33 N.Y.3d 1066 ... [2019]). In any event, "counsel cannot be faulted for ... failing to pursue or, in this case, support a motion that had ... little chance of success" (People v Pittman, ... 166 A.D.3d 1243, 1246 [2018], lv denied 32 N.Y.3d ... 1176 [2019]; see People v Rosario, 157 A.D.3d 988, ... 993 [2018], lv denied 31 N.Y.3d 1121 [2018]) ... Defendant's remaining arguments, to the extent not ... specifically addressed, have been examined and ... ...
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People v. Rodriguez
... ... Miller, 166 A.D.3d 1385, 1386, 88 N.Y.S.3d 696 [2018], lv denied 32 N.Y.3d 1207, 99 N.Y.S.3d 194, 122 N.E.3d 1107 [2019] ; People v. Pittman, 166 A.D.3d 1243, 1244, 86 N.Y.S.3d 347 [2018], lv denied 32 N.Y.3d 1176, 97 N.Y.S.3d 601, 121 N.E.3d 228 [2019] ). He maintains that a 1-year period of postrelease supervision should have been imposed. We are not persuaded. The three-year period of postrelease supervision was within the range ... ...
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