Legal Opinion
People v. Percer
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 4 opinions
1Opinion of the Court
*790Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily, review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law §§ 752, 755; Matter of Julie G. v Yu-Jen G., 81 AD3d 1079 [2011]; Matter of Kelly v Kelly, 34 AD3d 809 [2006]). Therefore, the appeal from the order must be dismissed.
The defendant’s valid waiver of his right to appeal precludes appellate review of his challenge to the factual adequacy of his plea allocution (see People v Chavez, 71 AD3d 781 [2010]).
Contrary to the…
2Cases cited12 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- People v. ParkerNew York Court of Appeals · 1982
- People v. PortoNew York Court of Appeals · 2010
- People v. WilliamsNew York Court of Appeals · 1995
- Julie G. v. Yu-Jen G.Appellate Division of the Supreme Court of the State of New York · 2011
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LundquistAppellate Division of the Supreme Court of the State of New York · 2020
- People v. DiggsAppellate Division of the Supreme Court of the State of New York · 2019
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014