Legal Opinion

People v. Nieves

New York Court of Appeals

Decided May 6, 2004PublishedCited by 467 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In these cross appeals, we must determine whether orders of protection issued during a sentencing proceeding in a criminal case can be challenged on direct appeal from the judgment of conviction and, if so, whether defendant’s arguments on appeal to this Court had to be raised before the sentencing court under our preservation rule. Although we hold that the permanent orders of protection in this case were appealable as part of the judgment, we conclude that defendant’s unpreserved claims are not reviewable in this Court.

Defendant Israel Nieves was involved in…

2Cases cited10 opinions

  1. People v. KinchenNew York Court of Appeals · 1983
  2. People v. HorneNew York Court of Appeals · 2002
  3. People v. SammsNew York Court of Appeals · 2000
  4. People v. SmithNew York Court of Appeals · 1989
  5. People v. StevensNew York Court of Appeals · 1998

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3Cited by467 opinions

  1. People v. KoniecznyNew York Court of Appeals · 2004
  2. People v. GuerreroNew York Court of Appeals · 2009
  3. Bobrowsky v. Yonkers CourthouseDistrict Court, S.D. New York · 2011
  4. People v. KozlowskiNew York Court of Appeals · 2008
  5. The People v. Michael PenaNew York Court of Appeals · 2017

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