Legal Opinion

People v. Spencer

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

Decided September 30, 2011No. Appeal No. 1PublishedCited by 10 opinions

1Opinion of the Court

Memorandum:

In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20) and, in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the fifth degree (§§ 110.00, 220.06 [2]) and criminally possessing a hypodermic instrument (§ 220.45). With respect to appeal No. I, “[t]he challenge by defendant to the amount of restitution is not foreclosed by his waiver of the right to appeal because the amount of restitution was not…

2Cases cited8 opinions

  1. People v. KempNew York Court of Appeals · 1999
  2. People v. HorneNew York Court of Appeals · 2002
  3. People v. BostonNew York Court of Appeals · 1990
  4. People v. PichardoNew York Court of Appeals · 2003
  5. People v. LovettAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by10 opinions

  1. People v. TessitoreAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ZolnerAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. ManoAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. MichalskiAppellate Division of the Supreme Court of the State of New York · 2022
  5. MANO, ELTON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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