People v. Elcine
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 (Gary, J.), rendered March 9, 2006, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
*1177The defendant’s purported waiver of his right to appeal was not valid, because the Supreme Court did not ensure that the defendant “understood the valued right [he] was relinquishing” (People v Billingslea, 6 NY3d 248, 257 [2006]; see People v Moyett, 7 NY3d 892, 893 [2006]). First, during the allocution, the court erroneously stated that the right to…
2Cases cited12 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. LopezNew York Court of Appeals · 1988
- People v. CallahanNew York Court of Appeals · 1992
- People v. MoyettNew York Court of Appeals · 2006
- People v. NashAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- People v. KeiserAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
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