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Legal Opinion

People v. Demick

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

Decided April 29, 2016PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Allegany County Court (Thomas P. Brown, J.), rendered September 30, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the second 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 second degree (Penal Law § 140.25 [2]). Defendant contends that County Court induced his plea with a promise of granting a “violent felony override,” a promise which defendant maintains the court lacked authority to…

2Cases cited2 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. BallatoAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by9 opinions

  1. People v. BarralesAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. ReganAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. DelgadoAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. BennettAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. CongdonAppellate Division of the Supreme Court of the State of New York · 2022

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