Legal Opinion
People v. Head
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2017No. 2015-04183PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and, thus, as the People correctly concede, the purported waiver of the defendant’s right to appeal is not enforceable (see People v Bynum, 142 AD3d 1183 [2016]; People v Burnett-Hicks, 133 AD3d 773 [2015]).…
2Cases cited3 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. Burnett-HicksAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BynumAppellate Division of the Supreme Court of the State of New York · 2016
3Cited by5 opinions
- People v. SimonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
- People v. FitzhughAppellate Division of the Supreme Court of the State of New York · 2018
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2017
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2018