Legal Opinion

People v. Gonzalez

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

Decided May 17, 2017No. 2014-01540PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Miller, J.), imposed January 30, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid, as the record fails to establish that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Maracle, 19 NY3d 925, 927-928 [2012]; People v Bradshaw, 18 NY3d 257, 272-273 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]). “ ‘An appeal waiver is not…

2Cases cited10 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. BradshawNew York Court of Appeals · 2011
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MaracleNew York Court of Appeals · 2012

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

3Cited by3 opinions

  1. People v. EtienneAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. MoncrieftAppellate Division of the Supreme Court of the State of New York · 2019

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