Legal Opinion
People v. Simon
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2017No. 2016-01624PublishedCited 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 (Murphy, J.), imposed January 14, 2016, 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, the purported waiver of the defendant’s right to appeal is not enforceable (see People v Colon, 153 AD3d 550 [2017]; People v Head, 147 AD3d 1083 [2017]; People v Bynum, 142 AD3d 1183 [2016];…
2Cases cited5 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
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HeadAppellate Division of the Supreme Court of the State of New York · 2017
3Cited by3 opinions
- 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. JohnsonAppellate Division of the Supreme Court of the State of New York · 2018