People v. Ortiz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant challenges the factual sufficiency of his plea allocution. Contrary to the People’s contention, the defendant’s waiver of his right to appeal was not valid (see People v Dewberry, 223 AD2d 555 [1996]), and therefore, the purported waiver does not bar review of the defendant’s claim. Nevertheless, the defendant’s challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]), and the “rare case” exception to the preservation requirement does not apply here because the defendant’s…
2Cases cited8 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. ToxeyNew York Court of Appeals · 1995
- People v. SeeberNew York Court of Appeals · 2005
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3Cited by6 opinions
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GuyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.