People v. Anderson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County, (Berry, J.), rendered February 22, 2013, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s purported waiver of his right to appeal was invalid and, thus, does not preclude review of any of his claims (see generally People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133, 140 [2014]).
Where a “defendant’s factual recitation negates an essential element of the crime pleaded to or casts significant doubt on the…
2Cases cited14 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BrownNew York Court of Appeals · 1978
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2012
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. GassnerAppellate Division of the Supreme Court of the State of New York · 2021
- People v. MejiaAppellate Division of the Supreme Court of the State of New York · 2021
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 2021
- People v. GauseAppellate Division of the Supreme Court of the State of New York · 2021
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 2021
3 more not listed; retrieve them via the Exa API.