Legal Opinion

People v. Leiva

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

Decided November 29, 2016No. 2323 2333/12PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Michael J. Gross, J., at suppression motion; John S. Moore, J., at plea and sentencing), rendered June 13, 2014, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of his right to appeal (see People v Powell, 140 AD3d 401 [1st Dept 2016]), we find that the motion court properly denied defendant’s suppression motion, without granting a hearing. Defendant failed to offer…

2Cases cited4 opinions

  1. People v. Ramirez-PortorealNew York Court of Appeals · 1996
  2. People v. BurtonNew York Court of Appeals · 2006
  3. People v. PowellAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. VelezAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020

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