Legal Opinion

People v. Ritorto

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

Decided November 16, 2016No. 2015-02959Published

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Del Giudice, J.), imposed March 31, 2015, upon his plea of guilty, after remittitur from this Court (see People v Ritorto, 125 AD3d 896 [2015]), on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid, as the record fails to establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Maracle, 19 NY3d 925, 927-928 [2012]; People v Hunter,…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. MaracleNew York Court of Appeals · 2012
  3. People v. RitortoAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. BarksdaleAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. BosticAppellate Division of the Supreme Court of the State of New York · 2015

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