Legal Opinion

People v. McClellan

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

Decided March 14, 2008No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

Memorandum: On appeal from a judgment convicting him, *1202upon his plea of guilty, of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [3]), defendant contends that County Court failed to engage in an adequate colloquy to ensure that his waiver of the right to appeal was knowing and voluntary (see generally People v McQuiller, 19 AD3d 1043, 1044 [2005], lv denied 5 NY3d 808 [2005]; People v Brown, 296 AD2d 860 [2002], lv denied 98 NY2d 767 [2002]). Even assuming, arguendo, that the waiver by defendant of the right to appeal is invalid and thus does not encompass his challenge…

2Cases cited3 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. McDanielsAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. McQuillerAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. LEE, DONTE, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. KingdollarAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. MedleyAppellate Division of the Supreme Court of the State of New York · 2008

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