People v. Remington

Decision Date06 December 2011
Citation90 A.D.3d 678,2011 N.Y. Slip Op. 08958,933 N.Y.S.2d 891
PartiesThe PEOPLE, etc., respondent, v. Watson REMINGTON, appellant.
CourtNew York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 08958
90 A.D.3d 678
933 N.Y.S.2d 891

The PEOPLE, etc., respondent,
v.
Watson REMINGTON, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 6, 2011.


Lynn W.L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the brief), for respondent.

[90 A.D.3d 678] Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered September 5, 2007, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

[90 A.D.3d 679] The defendant is correct that his waiver of the right to appeal is unenforceable since the court failed to elicit a specific acknowledgment from him that he was waiving his right to appeal, as distinguished from his automatic forfeit of other trial rights, by pleading guilty ( see People v. Moyett, 7 N.Y.3d 892, 893, 826 N.Y.S.2d 597, 860 N.E.2d 59; People v. Foster, 87 A.D.3d 299, 303, 927 N.Y.S.2d 92). However, the defendant pleaded guilty with the understanding that he would receive the sentence of imprisonment that was eventually imposed, and, thus, has no basis to now contend that his sentence of imprisonment was excessive ( see People v. Gibson, 88 A.D.3d 1012, 1012, 931 N.Y.S.2d 530; People v. Gantt, 85 A.D.3d 815, 816, 924 N.Y.S.2d 821; People v. Tate, 84 A.D.3d 1416, 1417, 924 N.Y.S.2d 285; People v. Bunn, 79 A.D.3d 1143, 1143–1144, 914 N.Y.S.2d 907).

The defendant failed to preserve his argument that the duration of the order of protection issued at the time of sentencing exceeded the maximum time period pursuant to CPL 530.12(5)(ii), since he neither raised this issue at sentencing nor moved to amend the final order of protection on this ground ( see CPL 470.05[2]; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13; People v. Foster, 87 A.D.3d at 304, 927 N.Y.S.2d 92; People v. Maxineau, 78 A.D.3d 732, 732, 909 N.Y.S.2d 659; People v. Langhorne, 60 A.D.3d 867, 867, 875 N.Y.S.2d 529). We decline to exercise our interest of justice jurisdiction to review this contention ( see People v. Maxineau, 78 A.D.3d at 732, 909 N.Y.S.2d 659; People v. Langhorne, 60 A.D.3d at 867, 875 N.Y.S.2d 529).

MASTRO, A.P.J., CHAMBERS, AUSTIN and MILLER, JJ., concur.

To continue reading

Request your trial
15 cases
  • People v. Pelaez
    • United States
    • New York Supreme Court Appellate Division
    • November 14, 2012
    ...7 N.Y.3d 892, 892–893, 826 N.Y.S.2d 597, 860 N.E.2d 59;People v. Jacob, 94 A.D.3d 1142, 1143–1144, 942 N.Y.S.2d 627;People v. Remington, 90 A.D.3d 678, 679, 933 N.Y.S.2d 891;People v. Cieslewicz, 45 A.D.3d 1344, 1345, 845 N.Y.S.2d 590;cf. People v. Williams, 49 A.D.3d 1281, 1282, 856 N.Y.S.......
  • People v. Barrett
    • United States
    • New York Supreme Court Appellate Division
    • April 10, 2013
    ...v. Vasquez, 101 A.D.3d 1054, 956 N.Y.S.2d 171;People v. Jacob, 94 A.D.3d 1142, 1143–1144, 942 N.Y.S.2d 627;People v. Remington, 90 A.D.3d 678, 679, 933 N.Y.S.2d 891;People v. Mayo, 77 A.D.3d 683, 684, 908 N.Y.S.2d 353). However, the defendant's challenge to the factual sufficiency of his pl......
  • People v. Jacob
    • United States
    • New York Supreme Court Appellate Division
    • April 24, 2012
    ...incident to a plea of guilty ( see People v. Moyett, 7 N.Y.3d 892, 892–893, 826 N.Y.S.2d 597, 860 N.E.2d 59; People v. Remington, 90 A.D.3d 678, 679, 933 N.Y.S.2d 891; People v. Foster, 87 A.D.3d 299, 303–304, 927 N.Y.S.2d 92; People v. Mayo, 77 A.D.3d 683, 683–684, 908 N.Y.S.2d 353). Accor......
  • People v. Deal
    • United States
    • New York Supreme Court Appellate Division
    • March 26, 2014
    ...( seeCPL 470.05[2]; [982 N.Y.S.2d 390]People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13;People v. Remington, 90 A.D.3d 678, 679, 933 N.Y.S.2d 891;People v. Peterkin, 27 A.D.3d 666, 667, 815 N.Y.S.2d 103), and we decline to reach the issue in the interest of justice. T......
  • 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