Legal Opinion

People v. Bynum

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

Decided September 28, 2016No. 2015-07636PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the de-

fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed July 17, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record of the plea proceeding is inadequate to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of his right to appeal is not enforceable (see People v Matos, 102 AD3d 890, 891 [2013]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90…

2Cases cited2 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. MatosAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by8 opinions

  1. People v. HeadAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. SimonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. FitzhughAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. JamesAppellate Division of the Supreme Court of the State of New York · 2017

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