Legal Opinion

People ex rel. Ryan v. Smith

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

Decided December 12, 1975PublishedCited by 9 opinions

1Opinion of the Court

— Judgment unanimously reversed and writ dismissed. Memorandum: The record shows that at the time of pleading and again at the time of sentencing, defendant was informed that he had been previously subjected to a predicate felony conviction and now faced a sentence of up to four years. Defendant voluntarily admitted his prior felony and understood that the court had to send him to jail on his plea to the second felony. He thereby waived not only his privilege against self incrimination and his rights under CPL 400.21, but also estopped himself from attacking the validity of the sentence…

2Cases cited3 opinions

  1. People v. McClainNew York Court of Appeals · 1974
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
  3. People v. PresleyAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by9 opinions

  1. People v. TumminiaAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 1976
  3. Champelle v. CoombeDistrict Court, S.D. New York · 1983
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. QueenAppellate Division of the Supreme Court of the State of New York · 1981

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