Legal Opinion

People v. Holman

New York Court of Appeals

Decided December 18, 1996PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue here is the validity of a waiver of the right to appeal made as part of a sentencing bargain after a jury finding of guilt. A lighter sentence was openly agreed to and conditioned upon defendant not raising, on appeal, certain alleged errors that occurred at trial.

After the first trial ended in a hung jury, defendant was retried and convicted of criminal possession of stolen property in the third degree and unauthorized use of a motor vehicle. He was sentenced to concurrent one-year terms in prison.

2Cases cited4 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. AntommarchiNew York Court of Appeals · 1992
  3. People v. MitchellNew York Court of Appeals · 1992
  4. People v. CalviNew York Court of Appeals · 1996

3Cited by44 opinions

  1. People v. CalviNew York Court of Appeals · 1996
  2. People v. SuttonAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. HayesAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. FooteAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. McClurkinAppellate Division of the Supreme Court of the State of New York · 2012

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