Legal Opinion
People v. VanValkinburgh
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2011PublishedCited by 14 opinions
1Opinion of the Court
Memorandum:
Defendant appeals from a resentence upon his conviction of three counts of rape in the third degree (Penal *1554Law § 130.25 [2]). Defendant’s contentions regarding the severity of his resentence are encompassed by the valid waiver of the right to appeal from the resentence (see People v Lopez, 6 NY3d 248, 256 [2006]). Contrary to defendant’s contention, the waiver of the right to appeal at the time of the plea is not subject to our review inasmuch as he did not appeal from the judgment, and the resentence occurred more than 30 days after the original sentence (see CPL 450.30 [3]). We…
2Cases cited3 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. KennedyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MarchAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by14 opinions
- People v. StubbsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PerrinAppellate Division of the Supreme Court of the State of New York · 2012
- People v. NealAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PassinoAppellate Division of the Supreme Court of the State of New York · 2013
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