Legal Opinion

People v. Billups

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

Decided December 27, 2017No. 2014-08254PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed July 10, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was invalid. The Supreme Court’s statements at the plea allocution improperly suggested that the right to appeal is automatically extinguished upon entry of a plea of guilty, and there is no other indication in the record that the defendant understood the…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. BradshawNew York Court of Appeals · 2011
  4. People v. MoyettNew York Court of Appeals · 2006
  5. People v. SanteramoAppellate Division of the Supreme Court of the State of New York · 2017

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3Cited by1 opinion

  1. People v. PierreAppellate Division of the Supreme Court of the State of New York · 2018

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