Legal Opinion

People v. Yanez-Mejia

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

Decided November 18, 2015No. 2012-05669PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 30, 2012, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although a claim that a plea of guilty was not voluntarily entered survives a valid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Lujan, 114 AD3d 963, 964 [2014]), the defendant’s contention that his plea was not voluntarily entered is unpreserved for appellate review because he did not move to vacate his…

2Cases cited9 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. FiumefreddoNew York Court of Appeals · 1993
  4. People v. ClarkeNew York Court of Appeals · 1999
  5. People v. BennettAppellate Division of the Supreme Court of the State of New York · 2014

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3Cited by2 opinions

  1. People v. WestonAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2016

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