Legal Opinion

People v. Cuevas-Alcantara

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

Decided February 3, 2016No. 2013-11408PublishedCited by 8 opinions

1Opinion of the Court

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed February 13, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of his right to appeal was invalid, as the record fails to establish that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257, 272-273 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Little, 127 AD3d 1235 [2015]; People v Quezada, 122 AD3d 948…

2Cases cited7 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

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

3Cited by8 opinions

  1. People v. EtienneAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. De La RosaAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. SladeAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2018

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

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