Legal Opinion
People v. Joyner
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2017No. 2016-00012PublishedCited by 2 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered November 25, 2015, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant did not validly waive his right to appeal, since the County Court failed to distinguish between the rights automatically forfeited as a consequence of the defendant’s plea of guilty and the separate and distinct right to appeal (see People v Fortier, 130 AD3d 642 [2015]; People v Almonor, 122 AD3d 763…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. FortierAppellate Division of the Supreme Court of the State of New York · 2015
- People v. OjedaAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HuffmanAppellate Division of the Supreme Court of the State of New York · 2008
- People v. KeithAppellate Division of the Supreme Court of the State of New York · 2016
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BatistaAppellate Division of the Supreme Court of the State of New York · 2018
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2021