Legal Opinion
People v. Baliraj
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012PublishedCited by 4 opinions
1Opinion of the CourtLahtinen, J.
We affirm. Initially, we note that, contrary to the People’s contention, a motion to withdraw the plea or vacate the judgment of conviction is not required to preserve a challenge to the validity of a waiver of the right to appeal (see People v Lewis, 48 AD3d 880, 880-881 [2008]). For a waiver of the right to appeal to be effective, defendant must make such waiver knowingly, intelligently and voluntarily (see People v Bradshaw, 18 NY3d 257, 259 [2011]), which includes the record clearly establishing that “defendant understood that the right to appeal is separate and distinct from those rights…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. BradshawNew York Court of Appeals · 2011
- People v. SweeperNew York Court of Appeals · 2010
- People v. GilmourAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. CrumpAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GudanowskiAppellate Division of the Supreme Court of the State of New York · 2020
- People v. CrumpAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RicciardiAppellate Division of the Supreme Court of the State of New York · 2020