Opinion

People v. Ramos

  • 7 N.Y.3d 737
  • 853 N.E.2d 222
Court
New York Court of Appeals
Filed
Jun 13, 2006
Status
Published
Cited by
548 cases
Authority
More cited than 99.8%

Distinguished

  • Distinguished by People v. Bradshaw, 18 N.Y.3d 257 (2011)

    We reject this argument and conclude that Ramos is distinguishable from the case at bar.
    New York Court of AppealsDec 13, 2011Read it

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s waiver of his right to appeal was effective. Even if there were any ambiguity in the sentencing court’s colloquy, defendant executed a detailed written waiver, distinguishing this case from People v Billingslea ( 6 NY3d 248, 257 [2006]), in which the sentencing court’s colloquy was “accompanied by nothing other than defendant’s one-word response to the question whether she understood the conditions of her plea.” In this case, defendant’s written waiver stated that defendant had the right to appeal, explained the appellate process and confirmed that defense counsel fully advised him of the right to take an appeal under the laws of the State of New York. The record therefore establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal.

*739 Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.