Legal Opinion

People v. Nugent

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

Decided August 21, 2013PublishedCited by 31 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered June 1, 2011, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Batista, 100 AD3d 650 [2012]). The Supreme Court’s terse colloquy at the plea allocution failed to sufficiently advise the defendant of the nature of his right to appeal. Although the defendant signed a written waiver of…

2Cases cited11 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. BradshawNew York Court of Appeals · 2011
  5. People v. FiumefreddoNew York Court of Appeals · 1993

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

3Cited by31 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. PressleyAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. GuarchajAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. LoperAppellate Division of the Supreme Court of the State of New York · 2014

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

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