Legal Opinion
People v. Pollenz
New York Court of Appeals
Decided May 6, 1986PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
CPL 450.10, as amended by the Laws of 1984 (ch 671), purports to disallow an appeal as of right to the Appellate Division where the sole issue raised is the excessiveness of a negotiated sentence imposed by a judgment rendered upon a guilty plea.1 We conclude that, in doing so, it imposes a *268limitation or condition on the jurisdiction of the Appellate Division of Supreme Court in contravention of NY Constitution, article VI, § 4 (k).2 In each of these two cases, therefore, the Appellate Division erred in relying upon the statute to dismiss the appeal taken as of right by…
3Cases cited7 opinions
- People v. ThompsonNew York Court of Appeals · 1983
- Nuernberger v. State of NYNew York Court of Appeals · 1976
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
- Schultz Management v. Board of StandardsNew York Court of Appeals · 1985
- Schultz Management v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1984
2 more not listed; retrieve them via the Exa API.
4Cited by50 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. SeabergNew York Court of Appeals · 1989
- People v. CallahanNew York Court of Appeals · 1992
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. StevensNew York Court of Appeals · 1998
45 more not listed; retrieve them via the Exa API.