Legal Opinion

People v. Larkin

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

Decided September 28, 2001PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that the plea allocution was factually insufficient. Defendant’s waiver of the right to appeal encompasses that contention (see, People v Harris, 269 AD2d 839). Although the further contention of defendant that his plea was not voluntarily entered survives his waiver of the right to appeal, defendant failed to preserve that contention for our review (see, People v DeJesus, 248 AD2d 1023, lv denied 92 NY2d 878).…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. PowellAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. People v. DupontAppellate Division of the Supreme Court of the State of New York · 2002

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