Legal Opinion
People v. Cullen
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012PublishedCited by 4 opinions
1Opinion of the CourtSpain, J.
We affirm. To the extent that defendant contends that Ms waiver of the right to appeal was invalid, we are unpersuaded. The plea allocution — which included an oral waiver — and the written waiver demonstrate that defendant knowingly, intelligently and voluntarily waived his right to appeal the conviction and sentence (see People v Jerome, 98 AD3d 1188, 1189 [2012]; see also People v Lopez, 6 NY3d 248, 256 [2006]; People v Ducheneaux, 97 AD3d 852, 853 [2012]). Consequently, we are precluded from considering his claim that the sentence imposed is harsh and excessive (see People v Hidalgo, 91…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. HidalgoNew York Court of Appeals · 1998
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JeromeAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DucheneauxAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by4 opinions
- People v. FallenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. FallenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. McCallAppellate Division of the Supreme Court of the State of New York · 2013
- People v. McCallAppellate Division of the Supreme Court of the State of New York · 2013