Legal Opinion

People v. Innocent

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

Decided October 7, 2015No. Ind. No. 10915/09PublishedCited by 13 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered November 3, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Jackson, 114 AD3d 807, 808 [2014]; People v Salgado, 111 AD3d 859 [2013]; People v Nugent, 109 AD3d 625, 625-626 [2013]; People v Boustani, 300 AD2d 313, 314 [2002]). In any event, the defendant’s challenge to the voluntariness of his plea of guilty survives a valid waiver of…

2Cases cited16 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. TyrellNew York Court of Appeals · 2013
  5. People v. AlexanderNew York Court of Appeals · 2002

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

3Cited by13 opinions

  1. People v. WardAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. BautistaAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. HarveyAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. McVayAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. TownsAppellate Division of the Supreme Court of the State of New York · 2016

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

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