Legal Opinion
People v. Zirpola
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1997PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The waiver of appeal does not preclude the challenge by defendant to the legality of his sentence (see, People v Seaberg, 74 NY2d 1, 9) or his contention that he was denied effective assistance of counsel on his motion to withdraw the plea and for reassignment of counsel (see, People v Hayes, 194 AD2d 998; People v Ferguson, 192 AD2d 800, lv denied 82 NY2d 717).
By pleading guilty on condition that he admit that he is a second felony offender, defendant waived his right to a hearing on that issue (see, People v Stephens, 193 AD2d 1087, lv denied 82…
2Cases cited8 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. CatesAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HayesAppellate Division of the Supreme Court of the State of New York · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. ForsheyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. CookAppellate Division of the Supreme Court of the State of New York · 2002
- People v. MaldonadoAppellate Division of the Supreme Court of the State of New York · 2020
- People v. WyantAppellate Division of the Supreme Court of the State of New York · 2002