Legal Opinion

People v. Ovalle

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2013PublishedCited by 12 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered January 7, 2010, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of the plea allocution (see People v Knapp,…

2Cases cited8 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. ClarkeNew York Court of Appeals · 1999
  4. People v. DevodierAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. AndreaAppellate Division of the Supreme Court of the State of New York · 2012

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. SiricoAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. LujanAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. Axel M.Appellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MorgadoAppellate Division of the Supreme Court of the State of New York · 2016

7 more not listed; retrieve them via the Exa API.

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