Legal Opinion
People v. Wells
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 2016No. 2014-06370PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hollie, J.), imposed June 4, 2013, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
When the Supreme Court explained the defendant’s waiver of his right to appeal to him, it improperly conflated the right to appeal with the rights automatically forfeited by a guilty plea. Accordingly, the waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Brown, 122 AD3d 133, 137 [2014]; People v…
2Cases cited4 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BondAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by8 opinions
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2017
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MackAppellate Division of the Supreme Court of the State of New York · 2016
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2019
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2018
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