Legal Opinion

People v. Dawkins

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

Decided January 18, 2017No. 2015-08432PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Donnelly, J.), imposed September 3, 2015, upon his conviction of attempted murder in the second degree, upon his plea of guilty, after remittitur from this Court for resentencing (see People v Dawkins, 131 AD3d 482 [2015]).

Ordered that the resentence is affirmed.

Under the circumstances of this case, the defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248 [2006]; People v Brown, 122 AD3d 133 [2014]), and, thus, does not preclude…

2Cases cited10 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. BradshawNew York Court of Appeals · 2011
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  4. The People v. Anthony N. PacherilleNew York Court of Appeals · 2015
  5. People v. MullingsAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by4 opinions

  1. People v. JoynerAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. LormilAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. GourdineAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. MinayaAppellate Division of the Supreme Court of the State of New York · 2018

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