People v. Guarchaj
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gubbay, J.), rendered April 19, 2013, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People’s contention, the record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]). The Supreme Court’s statements at the plea allocution improperly suggested that waiving the right to appeal was mandatory rather than a right which…
2Cases cited12 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. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MoyettNew York Court of Appeals · 2006
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People v. SanteramoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. NahshalAppellate Division of the Supreme Court of the State of New York · 2017
- People v. LozadaAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WestAppellate Division of the Supreme Court of the State of New York · 2017
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2018
20 more not listed; retrieve them via the Exa API.