Legal Opinion

People v. Burt

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

Decided December 28, 2012PublishedCited by 7 opinions

1Opinion of the Court

*1730Memorandum: On appeal from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that his waiver of the right to appeal is unenforceable and that he should have been afforded youthful offender treatment. We reject those contentions. Defendant waived his right to appeal both orally and in writing, and the record demonstrates that County Court “ ‘ engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ ” (People v Glasper, 46 AD3d 1401, 1401…

2Cases cited4 opinions

  1. People v. KorberAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. GlasperAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. RushAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by7 opinions

  1. ANDERSON, DARRYL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  2. BIBBS, MONROE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
  3. COLON, DAVID, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. COTTON, MELISSA, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  5. SUTTLES, TRUMAINE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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