People v. Turner

Decision Date22 May 2007
Docket Number2000-02703.,2000-02704.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIEN TURNER, Also Known as ERIC BROWN, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgments are affirmed.

The defendant's claim that he received ineffective assistance of counsel because his former counsel failed to timely effectuate the defendant's stated desire to testify before the grand jury has been waived. By pleading guilty, a defendant forfeits appellate review of any claim of ineffective assistance of counsel which does not directly involve the plea bargaining process (see People v Petgen, 55 NY2d 529, 535 n 3 [1982]; People v Silent, 37 AD3d 625 [2007]; People v Cumba, 32 AD3d 444 [2006]; People v Scalercio, 10 AD3d 697 [2004]).

The contentions raised in the defendant's supplemental pro se brief are without merit.

Spolzino, J.P., Fisher, Covello and McCarthy, JJ., concur.

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    • New York Supreme Court — Appellate Division
    • October 19, 2016
  • People v. Moshier
    • United States
    • New York Supreme Court — Appellate Division
    • October 9, 2013
    ...964 N.Y.S.2d 233;People v. Chase, 101 A.D.3d 1141, 955 N.Y.S.2d 891;People v. Jones, 89 A.D.3d 1037, 933 N.Y.S.2d 560;People v. Turner, 40 A.D.3d 1018, 834 N.Y.S.2d 666). Finally, the defendant's pro se contention regarding the propriety of his adjudication as a predicate felon is unpreserv......
  • People v. Etienne
    • United States
    • New York Supreme Court — Appellate Division
    • April 21, 2021
    ...may have affected the voluntariness of his pleas (see People v. Jackson, 170 A.D.3d at 1041, 96 N.Y.S.3d 330 ; People v. Turner, 40 A.D.3d 1018, 1019, 834 N.Y.S.2d 666 ). To the extent that the defendant claims that the alleged ineffective assistance affected the voluntariness of his pleas,......
  • People v. Boria
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    • New York Supreme Court — Appellate Division
    • January 17, 2018
    ...928, 928, 964 N.Y.S.2d 663 ; see also People v. Petgen, 55 N.Y.2d 529, 534, 450 N.Y.S.2d 299, 435 N.E.2d 669 ; People v. Turner, 40 A.D.3d 1018, 1019, 834 N.Y.S.2d 666 ). To the extent that the defendant contends that ineffective assistance of counsel affected the voluntariness of his plea,......
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