Legal Opinion
People v. Powell
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2000PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously reversed on the law, plea vacated and matter remitted to Monroe County Court for further proceedings on the superior court information. Memorandum: We agree with defendant that his plea of guilty to attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]) must be vacated because it was not knowingly, voluntarily and intelligently entered. Although defendant’s waiver of the right to appeal was knowingly, voluntarily and intelligently entered, defendant’s present contention survives that waiver (see, People v Seaberg, 74 NY2d 1, 10). Further, although…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SeabergNew York Court of Appeals · 1989
- People v. CostanzaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. EspinozaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 2016
- People v. IrvineAppellate Division of the Supreme Court of the State of New York · 2003
- People v. LarkinAppellate Division of the Supreme Court of the State of New York · 2001
- DEJESUS, MARVIN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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