Legal Opinion
People v. Oehler
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2000PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Because County Court failed to advise defendant during the plea proceedings of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence (see, People v Mayham, 272 AD2d 951; People v Wynn, 262 AD2d 1052). Moreover, because the terms *808of the plea bargain set forth in the record do not include restitution, the waiver of the right…
2Cases cited7 opinions
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WynnAppellate Division of the Supreme Court of the State of New York · 1999
- People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BartonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. MayhamAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. SweeneyAppellate Division of the Supreme Court of the State of New York · 2004
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2001
- People v. JordanAppellate Division of the Supreme Court of the State of New York · 2002
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Hong Ping LouAppellate Division of the Supreme Court of the State of New York · 2002