Legal Opinion

People v. Kemp

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

Decided November 15, 2001PublishedCited by 47 opinions

1Opinion of the CourtLahtinen, J.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered September 19, 2000, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Although defendant’s waiver of the right to appeal does not in and of itself preclude appellate review of the voluntariness of his plea (see, People v Conyers, 227 AD2d 793, lv denied 88 NY2d 982), his failure to move either to withdraw the plea or to vacate the judgment of conviction generally precludes review of his challenge to the factual sufficiency of the…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. ConyersAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. EmpeyAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. TumminiaAppellate Division of the Supreme Court of the State of New York · 2000

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

3Cited by47 opinions

  1. People v. ColesAppellate Division of the Supreme Court of the State of New York · 2004
  2. People v. TeagueAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. CampAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. BetheaAppellate Division of the Supreme Court of the State of New York · 2005

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

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