People v. Garcia-Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered May 23, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the first degree (Penal Law § 140.30 [3]). We agree with defendant that the waiver of the right to appeal is invalid because “the minimal inquiry made by County Court was insufficient to establish that the court engage[d] the…
2Cases cited12 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. LopezNew York Court of Appeals · 1988
- People v. DokesNew York Court of Appeals · 1992
- People v. GarciaNew York Court of Appeals · 1998
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2013
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