People v. Toliver
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10 [4]), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. County Court “did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea” (People v Bentley, 63 AD3d 1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; see People v Dillon, 67 AD3d 1382 [2009]; People v Williams, 49 AD3d 1281, 1282 [2008], lv denied 10 NY3d 940 [2008] ). Defendant further contends that the…
2Cases cited11 opinions
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- People v. BentleyAppellate Division of the Supreme Court of the State of New York · 2009
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- JENKINS, EDWARD M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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