Legal Opinion

People v. Murray

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

Decided December 8, 2009PublishedCited by 3 opinions

1Opinion of the Court

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed that his right to appeal did not include the right to ap*897pellate review of his sentence on the ground that it was excessive (see People v Cruz, 54 AD3d 962, 963 [2008]; People v Hurd, 44 AD3d 791, 792 [2007]; People v Caleb C., 32 AD3d 543 [2006]). Accordingly, we have considered the defendant’s contention that the sentence imposed was excessive, but find it to be without merit (see People v Schnoor, 63…

2Cases cited6 opinions

  1. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. HurdAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. Caleb C.Appellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. People v. BoghdadiAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. ConstantAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. ConstantAppellate Division of the Supreme Court of the State of New York · 2012

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