Legal Opinion

People v. Brathwaite

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

Decided January 18, 2000PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Mangano, P. J.

The question to be answered on this appeal is whether, by executing a waiver of the right to appeal, the defendant waived appellate review of his claims that the Supreme Court erred in denying that branch of his omnibus motion which was to controvert a search warrant and to suppress evidence recovered pursuant to the warrant’s execution, and that his sentence violates the constitutional proscription against cruel and unusual punishment (NY Const, art I, § 5; US Const 8th, 14th Amends). In our view, .this question must be answered in the affirmative.

I

Pursuant…

2Cases cited14 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. People v. SeabergNew York Court of Appeals · 1989
  4. People v. HidalgoNew York Court of Appeals · 1998
  5. People v. CallahanNew York Court of Appeals · 1992

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

3Cited by43 opinions

  1. People v. KiddAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. CesarAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2008

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

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