Legal Opinion

People v. Millazzo

Appellate Division of the Supreme Court of the State of New York

Decided September 13, 2017No. 2015-05550Published

1Opinion of the Court

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Lewis, J., at plea; Chin-Brandt, J., at resentence), imposed May 20, 2015, upon remittitur from this Court for resentencing (see People v Millazzo, 127 AD3d 1237 [2015]), upon his convictions of attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of pistol ammunition, upon his plea of guilty.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v…

2Cases cited8 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. CallahanNew York Court of Appeals · 1992
  4. People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2014

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