Legal Opinion
People v. McCree
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2014PublishedCited by 4 opinions
1Opinion of the Court
Defendant’s waiver of his right to appeal was not knowingly, intelligently, and voluntarily made, as neither the court nor defense counsel made clear on the record that defendant understood that the right to appeal is separate and distinct from the numerous other trial rights automatically forfeited upon pleading guilty (see People v Braithwaite, 73 AD3d 656, 657 [1st Dept 2010], lv denied 15 NY3d 849 [2010]; see also People v Lopez, 6 NY3d 248, 256 [2006]). Nor did the written *558waiver cure any ambiguity in the on-the-record discussion, as it did not ensure that defendant understood this…
2Cases cited6 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Brown v. IllinoisSupreme Court of the United States · 1975
- People v. LopezNew York Court of Appeals · 2006
- People v. PackerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PackerNew York Court of Appeals · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2017