Legal Opinion

People v. Constant

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

Decided June 6, 2012Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murphy, J.), rendered July 13, 2010, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed that his right to appeal did not include the right to appellate review of his sentence on the ground that it was excessive (see People v Murray, 68 AD3d 896, 896-897 [2009]; People v Caleb C.,…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. Caleb C.Appellate Division of the Supreme Court of the State of New York · 2006
  4. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2009

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