Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 2017No. 2016-01418PublishedCited by 2 opinions
1Opinion of the Court
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Martin Murphy, J.), both imposed January 21, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.
Ordered that the sentences are affirmed.
The record of the plea proceeding does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waivers of the defendant’s right to appeal are not enforceable (see People v Simon, 153 AD3d 1435 [2017]; People v Colon, 153 AD3d 550 [2017]; People v Head,…
2Cases cited6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. Burnett-HicksAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BynumAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HeadAppellate Division of the Supreme Court of the State of New York · 2017
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3Cited by2 opinions
- People v. GunissAppellate Division of the Supreme Court of the State of New York · 2018
- People v. ZirkelAppellate Division of the Supreme Court of the State of New York · 2018