Legal Opinion

People v. Durham

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

Decided December 15, 2016No. 2396 3226N/13Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered March 28, 2014, as amended June 5, 2014, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of five years, unanimously affirmed.

Regardless of whether defendant validly waived his right to appeal, review of his suppression claim is independently-foreclosed by the fact that he pleaded guilty before the court issued any ruling on his suppression motion (see…

2Cases cited4 opinions

  1. People v. FernandezNew York Court of Appeals · 1986
  2. People v. HallNew York Court of Appeals · 2008
  3. People v. ColonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2015

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