People v. Evans
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Toomey, J.), rendered February 22, 2013, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the procedure used to adjudicate him a second felony offender is not precluded by his purported waiver of his right to appeal, since that waiver was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Brown, 122 AD3d 133 [2d Dept 2014]; People v Springer, 109 AD3d 557 [2013]). Nevertheless,…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BradshawNew York Court of Appeals · 2011
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BouyeaNew York Court of Appeals · 1985
- People v. SmithNew York Court of Appeals · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. EarlAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ZeiglerAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. CobbAppellate Division of the Supreme Court of the State of New York · 2016
2 more not listed; retrieve them via the Exa API.