Legal Opinion
People v. Powell
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 2016No. 2680/13 1154 1153PublishedCited by 21 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered April 30, 2014, as amended June 10, 2014, convicting defendant, upon his plea of guilty, of attempted promotion of prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.
The written waiver of appeal signed by defendant, insofar as it expressly “waives any and all rights to appeal including the right to file a notice of appeal” (emphasis added) is unenforceable (see People v Santiago, 119 AD3d 484 [1st Dept 2014], lv denied 24 NY3d 964 [2014]).…
2Cases cited5 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Florence v. Board of Chosen Freeholders of County of BurlingtonSupreme Court of the United States · 2012
- The People v. Christopher A. NicholsonNew York Court of Appeals · 2016
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MendozaAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by21 opinions
- People v. GarlandAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2023
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2023
- People v. LeivaAppellate Division of the Supreme Court of the State of New York · 2016
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