Legal Opinion

People v. West

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

Decided May 30, 1997PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant knowingly, intelligently and voluntarily waived his right to appeal. The contention that his sentence is unduly harsh and severe does not survive that waiver (see, People v Allen, 82 NY2d 761; People v Delgado, 237 AD2d 972). Supreme Court’s statement at sentencing that defendant had 30 days to appeal does not vitiate defendant’s otherwise valid waiver of the right to appeal (see, People v Moissett, 76 NY2d 909, 912). (Appeal from Judgment of Supreme Court, Erie County, Tills, J.—Criminal Possession Controlled Substance, 7th Degree.)…

2Cases cited3 opinions

  1. People v. MoissettNew York Court of Appeals · 1990
  2. People v. AllenNew York Court of Appeals · 1993
  3. People v. DelgadoAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. People v. SnyderAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. LagasAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. HinkleAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. JohnsAppellate Division of the Supreme Court of the State of New York · 1997

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