People v. Murray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed, in a preprinted waiver form, that his right to appeal did not include the right to appellate review of his sentence on the ground that it was excessive (see People v Cruz, 54 AD3d 962 [2008]; People v Williams, 52 AD3d 748, 749 [2008]; People v Pittman, 48 AD3d 709 [2008]; People v Hurd, 44 AD3d 791 [2007]; People v Rose, 236 AD2d 637 [1997]; People v Rolon, 220 AD2d 543 [1995]). Furthermore, contrary…
2Cases cited13 opinions
- People v. IfillAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RolonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HurdAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PolanskyAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RoseAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by4 opinions
- People v. BillingsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. MorseAppellate Division of the Supreme Court of the State of New York · 2016
- People v. Kevin M.Appellate Division of the Supreme Court of the State of New York · 2016
- People v. Graham (Keisha)Appellate Terms of the Supreme Court of New York · 2016