Legal Opinion

People v. Hernandez

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

Decided November 13, 1998Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant was convicted upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]). He seeks summary reversal of his conviction or remittal for a reconstruction hearing because the court reporter is unable to locate the sentencing minutes, which defendant contends are necessary to determine the voluntariness of the plea and the propriety of the sentence. In pleading guilty, however, defendant waived his right to appeal except with regard to the legality of the sentence, and defendant does…

2Cases cited2 opinions

  1. People v. HidalgoNew York Court of Appeals · 1998
  2. People v. DunbarAppellate Division of the Supreme Court of the State of New York · 1997

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