Legal Opinion
People v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2001PublishedCited by 9 opinions
1Opinion of the CourtCrew Iii, J.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered January 16, 1998 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.
Defendant’s challenge to the legality of the enhanced sentence imposed upon him as a second felony offender is not encompassed by his waiver of the right to appeal (see, People v Mann, 258 AD2d 738, 739, lv denied 93 NY2d 900). Neverthe*725less, having negotiated a favorable plea bargain and entered his guilty plea with the clear understanding that he would be sentenced to a…
2Cases cited5 opinions
- People v. GonzalezNew York Court of Appeals · 1984
- Mulverhill v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- People v. CrippaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RossneyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by9 opinions
- People v. DukesAppellate Division of the Supreme Court of the State of New York · 2005
- People v. DePonceauAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BatesAppellate Division of the Supreme Court of the State of New York · 2002
- People v. HiladrioAppellate Division of the Supreme Court of the State of New York · 2002
- People v. SnareAppellate Division of the Supreme Court of the State of New York · 2004
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