People v. Ramos

Decision Date13 June 2006
Citation7 N.Y.3d 737,853 N.E.2d 222
PartiesThe PEOPLE of the State of New York, Respondent, v. Carlos RAMOS, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's waiver of his right to appeal was effective. Even if there were any ambiguity in the sentencing court's colloquy, defendant executed a detailed written waiver, distinguishing this case from People v. Billingslea, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006], in which the sentencing court's colloquy was "accompanied by nothing other than defendant's one-word response to the question whether she understood the conditions of her plea." In this case, defendant's written waiver stated that defendant had the right to appeal, explained the appellate process and confirmed that defense counsel fully advised him of the right to take an appeal under the laws of the State of New York. The record therefore establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.

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375 cases
  • People v. Brown
    • United States
    • New York Supreme Court Appellate Division
    • September 10, 2014
    ...supplement to the oral colloquy. Still others fall into a gray area and provide opportunity for inconsistency.In People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222, the defendant executed a written waiver which "explained the appellate process." 2 He 992 N.Y.S.2d 304 was a......
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2013
    ...did not execute a written waiver detailing the rights he would be giving up by waiving his right to appeal ( cf. People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222). The majority relies heavily on People v. Nicholson, a companion case to Lopez. In Nicholson, the defendant was a......
  • People v. Bisono
    • United States
    • New York Court of Appeals
    • December 15, 2020
    ...on the continuing validity of this court's pre- Thomas waiver precedent, particularly People v. Ramos, 7 N.Y.3d 373, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]. Accordingly, I dissent and would affirm in Daniels.Defendant Daniels was charged with one count of first-degree assault (class B felo......
  • People v. Thomas, 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006] ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). The role played by......
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