People v. Chrise

3 Citing cases

  1. People v. Bermudez

    217 A.D.3d 1261 (N.Y. App. Div. 2023)   Cited 7 times

    Finally, any assertion that County Court failed to comply with the procedures set forth in CPL 400.21 when sentencing defendant as a second felony offender is unpreserved for our review. Not only did defendant fail to voice any objection in this regard at the time of sentencing (seePeople v. Chrise, 197 A.D.3d 1357, 1359, 150 N.Y.S.3d 629 [3d Dept. 2021], lv denied 37 N.Y.3d 1059, 154 N.Y.S.3d 630, 176 N.E.3d 666 [2021] ; People v. Iorio, 188 A.D.3d 1352, 1354, 135 N.Y.S.3d 199 [3d Dept. 2020], lv denied 36 N.Y.3d 1051, 140 N.Y.S.3d 894, 164 N.E.3d 981 [2021] ; People v. Howell, 178 A.D.3d 1148, 1149, 115 N.Y.S.3d 498 [3d Dept. 2019], lv denied 34 N.Y.3d 1129, 118 N.Y.S.3d 544, 141 N.E.3d 500 [2020] ), he affirmatively declined County Court's offer of an adjournment and a subsequent hearing to challenge the convictions upon which the People relied, and his present claim of coercion finds no support in the record. Defendant's remaining arguments, to the extent not specifically addressed, have been examined and found to be lacking in merit.

  2. People v. Devane

    212 A.D.3d 894 (N.Y. App. Div. 2023)   Cited 16 times

    Defendant's contention that he received the ineffective assistance of counsel, to the extent that it impacts upon the voluntariness of his plea, is similarly unpreserved (seePeople v. Nack, 200 A.D.3d 1197, 1198, 157 N.Y.S.3d 590 [3d Dept. 2021], lv denied 38 N.Y.3d 1009, 168 N.Y.S.3d 365, 188 N.E.3d 557 [2022] ; People v. Johnson, 194 A.D.3d 1267, 1269, 147 N.Y.S.3d 258 [3d Dept. 2021] ). "[T]he balance of defendant's ineffective assistance of counsel claim, including that counsel failed to investigate the facts of his case, research the applicable law or advise him of potential defenses, involve matters outside the record that are more properly the subject of a CPL article 440 motion" ( People v. McCoy, 198 A.D.3d 1021, 1023, 152 N.Y.S.3d 635 [3d Dept. 2021], lv denied 37 N.Y.3d 1162, 160 N.Y.S.3d 724, 181 N.E.3d 1152 [2022] ; seePeople v. Chrise, 197 A.D.3d 1357, 1359, 150 N.Y.S.3d 629 [3d Dept. 2021], lv denied 37 N.Y.3d 1059, 154 N.Y.S.3d 630, 176 N.E.3d 666 [2021] ; People v. White, 172 A.D.3d 1822, 1824, 101 N.Y.S.3d 519 [3d Dept. 2019], lv denied 33 N.Y.3d 1110, 106 N.Y.S.3d 661, 130 N.E.3d 1271 [2019] ).

  3. People v. Williams

    203 A.D.3d 1398 (N.Y. App. Div. 2022)   Cited 19 times

    9 N.Y.S.2d 807, 954 N.E.2d 98 [2011] ; cf. People v. Jackson, 159 A.D.3d 1276, 1276, 73 N.Y.S.3d 676 [2018], lv denied 31 N.Y.3d 1149, 83 N.Y.S.3d 431, 108 N.E.3d 505 [2018] ). Defendant's contention that he received ineffective assistance of counsel, to the extent that it impacts upon the voluntariness of his plea, is similarly unpreserved (seePeople v. Nack, 200 A.D.3d 1197, 1198, 157 N.Y.S.3d 590 [2021] ; People v. Johnson, 194 A.D.3d 1267, 1269, 147 N.Y.S.3d 258 [2021] ). "[T]he balance of defendant's ineffective assistance of counsel claim, including that counsel failed to investigate the facts of his case, research the applicable law or advise him of potential defenses, involve matters outside the record that are more properly the subject of a CPL article 440 motion" ( People v. McCoy, 198 A.D.3d 1021, 1023, 152 N.Y.S.3d 635 [2021], lv denied 37 N.Y.3d 1162, 160 N.Y.S.3d 724, 181 N.E.3d 1152 [2022] ; seePeople v. Chrise, 197 A.D.3d 1357, 1359, 150 N.Y.S.3d 629 [2021], lv denied 37 N.Y.3d 1059, 154 N.Y.S.3d 630, 176 N.E.3d 666 [2021] ; People v. White, 172 A.D.3d 1822, 1824, 101 N.Y.S.3d 519 [2019], lv denied 33 N.Y.3d 1110, 106 N.Y.S.3d 661, 130 N.E.3d 1271 [2019] ). Finally, we reject defendant's claim that his sentence, which fell within the statutory parameters for a class C felony offense (see Penal Law ยงยง 70.00[2], [3] ; 110.00, 110.05, 160.10), is harsh and excessive.