Legal Opinion

People v. Gonzales

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

Decided November 5, 1976PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s only contention on this appeal is that his sentence is invalid because the court failed to comply with CPL 400.21 (subds 3, 7, par [b]), to wit, to advise him before sentencing as a second felony offender that he had the right to controvert the validity of his predicate felonies. On pleading guilty defendant expressly acknowledged his present incarceration under a sentence in Erie County, dated March 14, 1974, by Judge Colucci for 5 to 15 years, and the court called to the defendant’s attention that the District Attorney had served on…

2Cases cited6 opinions

  1. People v. McClainNew York Court of Appeals · 1974
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
  3. People ex rel. Ryan v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. HodgeAppellate Division of the Supreme Court of the State of New York · 1976
  5. People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1980
  2. People v. BurtsAppellate Division of the Supreme Court of the State of New York · 1978
  3. People v. TownsAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. BouyeaAppellate Division of the Supreme Court of the State of New York · 1984

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