Legal Opinion

People v. Shubert

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

Decided April 29, 2011PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Orleans County Court (James P Punch, J), rendered May 11, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [4]), defendant contends that his waiver of the right to appeal was not knowing and voluntary. *1578Even assuming, arguendo, that the waiver of the right to appeal is invalid (see generally…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. FordNew York Court of Appeals · 1995
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by9 opinions

  1. People v. ChinnAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. DrakeAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. KnoxsahAppellate Division of the Supreme Court of the State of New York · 2012
  4. CHINN, SAM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  5. JONES, TRACY L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012

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