Legal Opinion
People v. Montanez
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2011PublishedCited by 7 opinions
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]). Contrary to defendant’s contention, we conclude that he validly waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]). Although the further contention of defendant that his plea was not knowingly, intelligently or voluntarily entered survives his valid waiver of the right to appeal, “defendant failed to preserve that contention for our review because ... he failed to move to withdraw the plea or to vacate the judgment of conviction”…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WebsterAppellate Division of the Supreme Court of the State of New York · 2012
- ATKINSON, PAUL F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2013
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