People v. Vasquez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A defendant who has validly waived the right to appeal cannot invoke this Court’s interest of justice jurisdiction to obtain a reduced sentence (see People v Lopez, 6 NY3d 248, 255 [2006]). Here, however, the Court is not precluded from exercising its interest of justice jurisdiction because the defendant’s purported waiver of his right to appeal was invalid. Although “ ‘a trial court need not engage in any particular litany’ or catechism in satisfying itself that a defendant has entered a knowing, intelligent and voluntary appeal waiver, a trial court ‘must make certain that a defendant’s…
2Cases cited6 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. BradshawNew York Court of Appeals · 2011
- People v. CallahanNew York Court of Appeals · 1992
- People v. RamosNew York Court of Appeals · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. PressleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LittleAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2013
- People v. GordonAppellate Division of the Supreme Court of the State of New York · 2015
26 more not listed; retrieve them via the Exa API.