Legal Opinion

People v. Burk

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

Decided July 6, 1992PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

In People v Seaberg (74 NY2d 1), the Court of Appeals held that a criminal defendant’s right to appeal may be waived as a condition of a sentence or negotiated plea, provided that the waiver was voluntary, knowing, and intelligent. In the case at bar, the defendant negotiated a plea agreement which included the promise of a specific sentence and an agreement by the defendant to waive his right to appeal. In urging this court to undertake a review of the purported excessiveness of the sentence, the defendant contends that his waiver did not encompass the…

2Cases cited26 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. MoissettNew York Court of Appeals · 1990
  3. People v. ThompsonNew York Court of Appeals · 1983
  4. State v. GibsonSupreme Court of New Jersey · 1975
  5. People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1986

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

3Cited by39 opinions

  1. People v. GerberAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. VargasCalifornia Court of Appeal · 1993
  3. People v. ManzulloAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. MackAppellate Division of the Supreme Court of the State of New York · 1997

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

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