Legal Opinion
People v. Gertz
New York Supreme Court
Decided June 19, 1992PublishedCited by 1 opinion
1Opinion of the Court
*763OPINION OF THE COURT
Gloria Goldstein J.
The instant action presents issues as they relate to a defendant’s conviction and sentence where, as part of a negotiated plea bargain, defendant’s rights to appeal have been expressly and unequivocally waived.
Specifically, may a defendant who has waived his right to appeal, thereafter move to set aside his conviction on the ground that the statute providing the basis for his arrest and conviction has subsequently been ruled unconstitutional.
A subsidiary issue involved is whether a defendant may set aside his conviction where the court has imposed a…
2Cases cited27 opinions
- Tollett v. HendersonSupreme Court of the United States · 1973
- People v. SeabergNew York Court of Appeals · 1989
- New York v. BurgerSupreme Court of the United States · 1987
- Menna v. New YorkSupreme Court of the United States · 1975
- Haynes v. United StatesSupreme Court of the United States · 1968
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