People v. Castro

10 Citing cases

  1. People v. Galicia

    2024 N.Y. Slip Op. 4977 (N.Y. App. Div. 2024)

    Since the defendant raises no other issues on appeal, his contentions regarding the validity of his appeal waiver are academic and we affirm the judgment (see People v Castro, 192 A.D.3d 1041; People v Howell, 156 A.D.3d 815, 816).

  2. People v. Galicia

    218 N.Y.S.3d 142 (N.Y. App. Div. 2024)

    In any event, the record as a whole affirmatively demonstrates that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Osorio–Rivera, 191 A.D.3d 902, 138 N.Y.S.3d 390; People v. Robinson, 144 A.D.3d 1055, 40 N.Y.S.3d 909; People v. Byrd, 100 A.D.3d 1013, 954 N.Y.S.2d 464). Since the defendant raises no other issues on appeal, his contentions regarding the validity of his appeal waiver are academic and we affirm the judgment (see People v. Castro, 192 A.D.3d 1041, 140 N.Y.S.3d 759; People v. Howell, 156 A.D.3d 815, 816, 65 N.Y.S.3d 721). CONNOLLY, J.P., CHAMBERS, GENOVESI and WAN, JJ., concur.

  3. People v. Pena

    No. 2022-02563 (N.Y. App. Div. Apr. 20, 2022)

    In any event, the record reveals that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v Harris, 61 N.Y.2d 9, 16; People v Donovan, 133 A.D.3d at 615). The defendant's contention that he was denied the effective assistance of counsel because his counsel failed to make any pretrial motions to suppress evidence is not properly before this Court, since by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process or sentencing (see People v Brooks, 192 A.D.3d 1134, 1134; People v Castro, 192 A.D.3d 1041, 1041; People v Fields, 178 A.D.3d 847, 848; People v Donovan, 133 A.D.3d at 615). The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

  4. People v. Pena

    204 A.D.3d 940 (N.Y. App. Div. 2022)   Cited 2 times

    In any event, the record reveals that the defendant's plea was knowingly, voluntarily, and intelligently entered (seePeople v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Donovan, 133 A.D.3d at 615, 20 N.Y.S.3d 96 ). The defendant's contention that he was denied the effective assistance of counsel because his counsel failed to make any pretrial motions to suppress evidence is not properly before this Court, since by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process or sentencing (seePeople v. Brooks, 192 A.D.3d 1134, 1134, 141 N.Y.S.3d 367 ; People v. Castro, 192 A.D.3d 1041, 1041, 140 N.Y.S.3d 759 ; People v. Fields, 178 A.D.3d 847, 848, 111 N.Y.S.3d 904 ; People v. Donovan, 133 A.D.3d at 615, 20 N.Y.S.3d 96 ). The sentence imposed was not excessive (seePeople v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

  5. People v. Arce

    No. 2021-04555 (N.Y. App. Div. Jul. 28, 2021)

    The defendant was convicted of murder in the second degree and two counts of attempted aggravated assault upon a police officer, upon a plea of guilty, arising out of the death of the defendant's two-year-old daughter in April 2018 and the defendant's violent interaction with the two police officers who arrived at the scene. By pleading guilty, the defendant forfeited appellate review of her claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v Castro, 192 A.D.3d 1041, 1041; People v Fields, 178 A.D.3d 847, 848). To the extent that the defendant's claim of ineffective assistance of counsel relates to the negotiation of the plea and sentence, the record reveals that the defendant received an advantageous plea and nothing in the record casts doubt upon the apparent effectiveness of counsel (see People v Ford, 86 N.Y.2d 397, 404; People v Parker, 176 A.D.3d 1106, 1107).

  6. People v. Arce

    196 A.D.3d 696 (N.Y. App. Div. 2021)   Cited 22 times

    The defendant was convicted of murder in the second degree and two counts of attempted aggravated assault upon a police officer, upon a plea of guilty, arising out of the death of the defendant's two-year-old daughter in April 2018 and the defendant's violent interaction with the two police officers who arrived at the scene. By pleading guilty, the defendant forfeited appellate review of her claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (seePeople v. Castro, 192 A.D.3d 1041, 1041, 140 N.Y.S.3d 759 ; People v. Fields, 178 A.D.3d 847, 848, 111 N.Y.S.3d 904 ). To the extent that the defendant's claim of ineffective assistance of counsel relates to the negotiation of the plea and sentence, the record reveals that the defendant received an advantageous plea and nothing in the record casts doubt upon the apparent effectiveness of counsel (seePeople v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265 ; People v. Parker, 176 A.D.3d 1106, 1107, 112 N.Y.S.3d 777 ).

  7. People v. Arce

    No. 2020-05610 (N.Y. App. Div. Jul. 28, 2021)

    The defendant was convicted of murder in the second degree and two counts of attempted aggravated assault upon a police officer, upon a plea of guilty, arising out of the death of the defendant's two-year-old daughter in April 2018 and the defendant's violent interaction with the two police officers who arrived at the scene. By pleading guilty, the defendant forfeited appellate review of her claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v. Castro, 192 AD3d 1041, 1041; People v. Fields, 178 AD3d 847, 848). To the extent that the defendant's claim of ineffective assistance of counsel relates to the negotiation of the plea and sentence, the record reveals that the defendant received an advantageous plea and nothing in the record casts doubt upon the apparent effectiveness of counsel (see People v. Ford, 86 NY2d 397, 404; People v. Parker, 176 AD3d 1106, 1107).

  8. People v. Pena

    2022 N.Y. Slip Op. 2563 (N.Y. Sup. Ct. 2022)

    In any event, the record reveals that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v Harris, 61 N.Y.2d 9, 16; People v Donovan, 133 A.D.3d at 615). The defendant's contention that he was denied the effective assistance of counsel because his counsel failed to make any pretrial motions to suppress evidence is not properly before this Court, since by pleading guilty, the defendant forfeited appellate review of his claims of ineffective assistance of counsel that did not directly involve the plea negotiation process or sentencing (see People v Brooks, 192 A.D.3d 1134, 1134; People v Castro, 192 A.D.3d 1041, 1041; People v Fields, 178 A.D.3d 847, 848; People v Donovan, 133 A.D.3d at 615). The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

  9. People v. Arce

    2021 N.Y. Slip Op. 4555 (N.Y. Sup. Ct. 2021)

    The defendant was convicted of murder in the second degree and two counts of attempted aggravated assault upon a police officer, upon a plea of guilty, arising out of the death of the defendant's two-year-old daughter in April 2018 and the defendant's violent interaction with the two police officers who arrived at the scene. By pleading guilty, the defendant forfeited appellate review of her claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v Castro, 192 A.D.3d 1041, 1041; People v Fields, 178 A.D.3d 847, 848). To the extent that the defendant's claim of ineffective assistance of counsel relates to the negotiation of the plea and sentence, the record reveals that the defendant received an advantageous plea and nothing in the record casts doubt upon the apparent effectiveness of counsel (see People v Ford, 86 N.Y.2d 397, 404; People v Parker, 176 A.D.3d 1106, 1107).

  10. People v. Arce

    2021 N.Y. Slip Op. 4555 (N.Y. Sup. Ct. 2021)

    The defendant was convicted of murder in the second degree and two counts of attempted aggravated assault upon a police officer, upon a plea of guilty, arising out of the death of the defendant's two-year-old daughter in April 2018 and the defendant's violent interaction with the two police officers who arrived at the scene. By pleading guilty, the defendant forfeited appellate review of her claims of ineffective assistance of counsel that did not directly involve the plea negotiation process and sentence (see People v. Castro, 192 AD3d 1041, 1041; People v. Fields, 178 AD3d 847, 848). To the extent that the defendant's claim of ineffective assistance of counsel relates to the negotiation of the plea and sentence, the record reveals that the defendant received an advantageous plea and nothing in the record casts doubt upon the apparent effectiveness of counsel (see People v. Ford, 86 NY2d 397, 404; People v. Parker, 176 AD3d 1106, 1107).