People v. Remington
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*679The defendant is correct that his waiver of the right to appeal is unenforceable since the court failed to elicit a specific acknowledgment from him that he was waiving his right to appeal, as distinguished from his automatic forfeit of other trial rights, by pleading guilty (see People v Moyett, 7 NY3d 892, 893 [2006]; People v Foster, 87 AD3d 299, 303 [2011]). However, the defendant pleaded guilty with the understanding that he would receive the sentence of imprisonment that was eventually imposed, and, thus, has no basis to now contend that his sentence of imprisonment was excessive (see…
2Cases cited9 opinions
- People v. NievesNew York Court of Appeals · 2004
- People v. MoyettNew York Court of Appeals · 2006
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BunnAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2011
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JacobAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GuarchajAppellate Division of the Supreme Court of the State of New York · 2014
- People v. CedenoAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2013
13 more not listed; retrieve them via the Exa API.