People v. Spears
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered March 2, 2009, convicting defendant upon his plea of guilty of the crime of assault in the third degree.
Defendant pleaded guilty to one count of assault in the third degree and waived his right to appeal. County Court, as agreed, sentenced defendant to a jail term of one year and ordered him to pay restitution. Defendant now appeals.
Defendant first challenges the knowing and voluntary nature of his guilty plea. Initially, regardless of the validity of defendant’s appeal waiver, his argument is unpreserved due…
2Cases cited10 opinions
- People v. HarrisNew York Court of Appeals · 1983
- People v. GoldsteinNew York Court of Appeals · 2009
- People v. ConsalvoNew York Court of Appeals · 1996
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JenksAppellate Division of the Supreme Court of the State of New York · 2010
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. HaskinsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CarrollAppellate Division of the Supreme Court of the State of New York · 2019
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.