Legal Opinion

People v. De La Rosa

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

Decided March 15, 2017No. 2013-08451PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed September 4, 2012, upon her plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of her right to appeal was invalid, as the record fails to establish that she knowingly, voluntarily, and intelligently waived her right to appeal (see People v Bradshaw, 18 NY3d 257, 272-273 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Cuevas-Alcantara, 136 AD3d 650 [2016]; People v Little, 127…

2Cases cited8 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. BradshawNew York Court of Appeals · 2011
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. CantareroAppellate Division of the Supreme Court of the State of New York · 2014

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. EtienneAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. BatistaAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. MoncrieftAppellate Division of the Supreme Court of the State of New York · 2019

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