Legal Opinion
People v. Ayala
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2013PublishedCited by 13 opinions
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hanophy, J.), imposed August 17, 2010, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
“When a trial court characterizes an appeal as one of the many rights automatically extinguished upon entry of a guilty plea,” a waiver of the right to appeal is invalid (People v Lopez, 6 NY3d 248, 256 [2006]). In the instant case, although the right to appeal was discussed separately from the other rights the defendant was forfeiting by pleading guilty, the question…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. RamosNew York Court of Appeals · 2006
- People v. NorfortAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JeffersonAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by13 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SanteramoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PressleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GuarchajAppellate Division of the Supreme Court of the State of New York · 2014
- People v. CamardaAppellate Division of the Supreme Court of the State of New York · 2016
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