People v. Braswell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that his waiver of the right to appeal is invalid. We agree. Contrary to the People’s…
2Cases cited7 opinions
- People v. KempNew York Court of Appeals · 1999
- People v. ChappleNew York Court of Appeals · 1975
- People v. PaulmanNew York Court of Appeals · 2005
- People v. CookeAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SchwickrathAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- People v. BunnellAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HankersonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. Williams, New York County Courts2013