People v. Watts

7 Citing cases

  1. People v. Watts

    2021 N.Y. Slip Op. 98003 (N.Y. 2021)

    Judge: Wilson, J. Decision Reported Below: 2d Dept: 192 A.D.3d 1048 (Nassau)

  2. People v. Moore

    2022 N.Y. Slip Op. 4742 (N.Y. App. Div. 2022)

    The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248, 254; People v Seaberg, 74 N.Y.2d 1, 11; People v Rosario, 204 A.D.3d 703). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the adverse suppression ruling pertaining to the photo array identification procedure (see People v Kemp, 94 N.Y.2d 831, 833; People v Watts, 192 A.D.3d 1048; People v Smith, 178 A.D.3d 965, 966). BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.

  3. People v. Moore

    207 A.D.3d 755 (N.Y. App. Div. 2022)

    The defendant knowingly, voluntarily, and intelligently waived his right to appeal (seePeople v. Lopez, 6 N.Y.3d 248, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Rosario, 204 A.D.3d 703, 163 N.Y.S.3d 849 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the adverse suppression ruling pertaining to the photo array identification procedure (seePeople v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Watts, 192 A.D.3d 1048, 140 N.Y.S.3d 767 ; People v. Smith, 178 A.D.3d 965, 966, 112 N.Y.S.3d 522 ). BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.

  4. People v. Ormsby

    2022 N.Y. Slip Op. 4567 (N.Y. App. Div. 2022)

    ORDERED that the judgment, as amended, is affirmed. The defendant's contention that his plea of guilty was coerced by the Supreme Court is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the court (see People v Clarke, 93 N.Y.2d 904, 905; People v Deleon, 204 A.D.3d 830; People v Morales, 202 A.D.3d 997; People v Watts, 192 A.D.3d 1048). In any event, the contention is without merit.

  5. People v. DeLeon

    204 A.D.3d 830 (N.Y. App. Div. 2022)   Cited 2 times

    Since this issue would survive a valid waiver of the right to appeal (seePeople v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ), we do not consider the validity of the defendant's appeal waiver (seePeople v. Murphy, 191 A.D.3d 1019, 1020, 139 N.Y.S.3d 547 ; People v. Dunkley, 177 A.D.3d 767, 767–768, 110 N.Y.S.3d 327 ). However, the defendant failed to preserve for appellate review the issue of whether his plea of guilty was coerced because he did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2] ; People v. Morales, 202 A.D.3d 997, 159 N.Y.S.3d 731 ; People v. Headley, 197 A.D.3d 1329, 151 N.Y.S.3d 905 ; People v. Watts, 192 A.D.3d 1048, 140 N.Y.S.3d 767 ). In any event, the defendant's contention is without merit.

  6. People v. Deleon

    No. 2022-02429 (N.Y. App. Div. Apr. 13, 2022)

    However, the defendant failed to preserve for appellate review the issue of whether his plea of guilty was coerced because he did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2]; People v Morales, 202 A.D.3d 997; People v Headley, 197 A.D.3d 1329; People v Watts, 192 A.D.3d 1048). In any event, the defendant's contention is without merit.

  7. People v. Deleon

    2022 N.Y. Slip Op. 2429 (N.Y. Sup. Ct. 2022)

    However, the defendant failed to preserve for appellate review the issue of whether his plea of guilty was coerced because he did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2]; People v Morales, 202 A.D.3d 997; People v Headley, 197 A.D.3d 1329; People v Watts, 192 A.D.3d 1048). In any event, the defendant's contention is without merit.