Legal Opinion

People v. Lopez

New York Court of Appeals

Decided February 16, 2006PublishedCited by 4,214 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Can a criminal defendant who has validly waived the right to appeal nonetheless ask the Appellate Division to exercise its interest-of-justice jurisdiction to reduce a sentence? We answer that question in the negative, though in so doing we underscore the critical nature of a court’s colloquy with a defendant explaining the right relinquished by an appeal waiver.

People v Lopez

Following arrest and indictment for possession and sale of a controlled substance in or near school grounds, defendant Lopez pleaded guilty to a reduced charge. In exchange for this…

2Cases cited8 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. CallahanNew York Court of Appeals · 1992
  3. People v. HansenNew York Court of Appeals · 2000
  4. People v. PrescottNew York Court of Appeals · 1985
  5. People v. CalviNew York Court of Appeals · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by4,214 opinions

  1. People v. BradshawNew York Court of Appeals · 2011
  2. The People v. Rasaun SandersNew York Court of Appeals · 2015
  3. People v. RamosNew York Court of Appeals · 2006
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. BryantNew York Court of Appeals · 2016

4,209 more not listed; retrieve them via the Exa API.

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