People v. Michael
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Braslow, J.), imposed February 26, 2013, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256 [2006]). The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v Bradshaw, 18 NY3d 257, 267 [2011]; see People v Johnson, 113 AD3d 635, 635 [2014]).…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. BradshawNew York Court of Appeals · 2011
- People v. PressleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by2 opinions
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SingletonAppellate Division of the Supreme Court of the State of New York · 2015