Legal Opinion
People v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2014PublishedCited by 5 opinions
1Opinion of the Court
The defendant validly waived his right to appeal. At the plea allocution, the Supreme Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right (see People v Ramos, 7 NY3d 737 [2006]; cf. People v Bradshaw, 18 NY3d 257 [2011]).
Although a claim that a plea of guilty was not knowing, voluntary, and intelligent survives a valid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Persaud, 109 AD3d 626 [2013], lv denied 22 NY3d 958 [2013]),…
2Cases cited8 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SeabergNew York Court of Appeals · 1989
- People v. BradshawNew York Court of Appeals · 2011
- People v. RamosNew York Court of Appeals · 2006
- People v. ClarkeNew York Court of Appeals · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. JensenAppellate Division of the Supreme Court of the State of New York · 2022
- People v. ShippAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ManzanalesAppellate Division of the Supreme Court of the State of New York · 2019
- People v. ShippAppellate Division of the Supreme Court of the State of New York · 2016
- SHIPP, MAXIE R., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016