Legal Opinion
People v. Bradshaw
New York Court of Appeals
Decided December 13, 2011PublishedCited by 1,337 opinions
1Opinion of the Court
OPINION OF THE COURT
Cipabick, J.
In People v Lopez (6 NY3d 248 [2006]), we emphasized, once again, that “[a] waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily” (6 NY3d at 256). Applying this standard here, we hold that the record fails to establish that defendant validly waived his right to appeal.
I
A Kings County grand jury indicted defendant for rape in the first degree and other related charges for an incident that allegedly occurred in the early morning hours of May 11, 2004 near an apartment complex…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. SeabergNew York Court of Appeals · 1989
- People v. CallahanNew York Court of Appeals · 1992
- People v. RamosNew York Court of Appeals · 2006
- Schick v. United StatesSupreme Court of the United States · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1,337 opinions
- The People v. Rasaun SandersNew York Court of Appeals · 2015
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ElmerNew York Court of Appeals · 2012
- People v. PimentelAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
1,332 more not listed; retrieve them via the Exa API.