Legal Opinion

People v. Miller

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

Decided September 30, 2011PublishedCited by 8 opinions

1Opinion of the Court

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that County Court made an insufficient inquiry regarding his waiver of the right to appeal and thus that the waiver is invalid. We reject defendant’s contention. The court need not engage in any particular litany regarding a waiver of the right to appeal, so long as the court “make[s] certain that a defendant’s understanding of the terms and conditions of a plea agreement is evident on the face of the record” (People v…

2Cases cited9 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  3. People v. McKeonAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. Jorge N.T.Appellate Division of the Supreme Court of the State of New York · 2010
  5. People v. TindleNew York Court of Appeals · 1984

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3Cited by8 opinions

  1. People v. FinchAppellate Division of the Supreme Court of the State of New York · 2012
  2. BURNS, BRADLEE E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  3. CAMP, KEVIN M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  4. FINCH, BENJAMIN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
  5. LUCIEER, TERRANCE F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013

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

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