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State v. Carlos Ramos

Court of Appeals of the State of New York
Jun 13, 2006
2006 N.Y. Slip Op. 4751 (N.Y. 2006)

Summary

holding that a "detailed written waiver" could overcome "ambiguity" in the waiver colloquy

Summary of this case from People v. Thomas

Opinion

Decided June 13, 2006.

APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered September 26, 2005. The Appellate Division affirmed a sentence of the Supreme Court, Kings County (Gustin L. Reichbach, J.), imposed following defendant's conviction, upon his plea of guilty, of rape in the first degree (two counts), attempted rape in the first degree (two counts), robbery in the first degree and at-tempted assault in the first degree.

People v. Ramos, 21 AD3d 1125, affirmed.

Appellate Advocates, New York City ( Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn ( Joyce Slevin of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

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.

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.


Summaries of

State v. Carlos Ramos

Court of Appeals of the State of New York
Jun 13, 2006
2006 N.Y. Slip Op. 4751 (N.Y. 2006)

holding that a "detailed written waiver" could overcome "ambiguity" in the waiver colloquy

Summary of this case from People v. Thomas

In Ramos, the court stated that defendant was "giving up any and all rights to appeal this conviction and sentence; in other words, this is now final."

Summary of this case from People v. Bisono

In Ramos, we held that, "[e]ven if there were any ambiguity in the sentencing court's colloquy," the waiver of the right to appeal was valid because "defendant executed a detailed written waiver... stat[ing] that defendant had the right to appeal, explain[ing] the appellate process and confirm[ing] that defense counsel fully advised him of the right to take an appeal under the laws of the State of New York" (7 N.Y.3d at 738, 819 N.Y.S.2d 853, 853 N.E.2d 222).

Summary of this case from People v. Bisono

In Ramos, for instance, the written waiver form informed the defendant that, in connection with his waiver of the right to appeal, he was "giving up" a number of related appellate rights—including the right "to prosecute an appeal as a poor person," the right to "have an attorney assigned," and the right "to submit a brief and/or argue before an appellate court on any issues relating to [his] conviction and sentence" (Bradshaw, 18 N.Y.3d at 270, 938 N.Y.S.2d 254, 961 N.E.2d 645 [Read, J., dissenting] [quoting the Ramos written waiver]).

Summary of this case from People v. Thomas

In Ramos, the defendant executed a written waiver that "explained the appellate process" (id. at 738, 819 N.Y.S.2d 853, 853 N.E.2d 222).

Summary of this case from People v. Batista
Case details for

State v. Carlos Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS RAMOS, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 13, 2006

Citations

2006 N.Y. Slip Op. 4751 (N.Y. 2006)
2006 N.Y. Slip Op. 4751
819 N.Y.S.2d 853
853 N.E.2d 222

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