Legal Opinion

People v. McCauley

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

Decided February 20, 2007PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered October 6, 2005, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed, with costs.

The defendant’s purported waiver of his right to appeal was invalid because it was based on an incorrect statement of law (see People v Moyett, 7 NY3d 892 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Rodriguez, 32 AD3d 481, 482 [2006]; People v Matthews, 21 AD3d 499, 500 [2005];…

2Cases cited7 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. MoyettNew York Court of Appeals · 2006
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by2 opinions

  1. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. CollierAppellate Division of the Supreme Court of the State of New York · 2010

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