People v. Pianaforte
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 Supreme Court, Kings County (Jeong, J.), rendered December 27, 2012, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011];…
2Cases cited7 opinions
- People v. BradshawNew York Court of Appeals · 2011
- People v. CallahanNew York Court of Appeals · 1992
- People v. HicksNew York Court of Appeals · 2002
- People v. BeckerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CoffeyAppellate Division of the Supreme Court of the State of New York · 2010
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