Legal Opinion

People v. Brown

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

Decided July 3, 2002PublishedCited by 103 opinions

1Opinion of the Court

Appeal from a judgment of Monroe County Court (Maloy, J.), entered August 17, 2000, convicting defendant upon his plea of guilty of grand larceny in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: We agree with defendant that the record establishes that his waiver of the right to appeal is invalid because it was not knowing, voluntary and intelligent. During the plea colloquy, County Court stated, “And you’re waiving your right to appeal on this matter,” and defendant responded, “Yes.” That single reference to…

2Cases cited4 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. KempAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by103 opinions

  1. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. AdgerAppellate Division of the Supreme Court of the State of New York · 2011
  4. W., AMIR, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. BoxAppellate Division of the Supreme Court of the State of New York · 2012

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