Legal Opinion

People v. Caine

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

Decided April 5, 2017No. 2012-11434Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered November 30, 2012, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant correctly contends that his purported waiver of the right to appeal is invalid, as it is not evident on the face of the record that the defendant understood the appeal waiver (see People v Lopez, 6 NY3d 248, 256 [2006]).

Contrary to the defendant’s contention, the County Court providently exercised its discretion in denying the…

2Cases cited16 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. FiumefreddoNew York Court of Appeals · 1993
  3. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BrownNew York Court of Appeals · 1978
  5. People v. SeeberNew York Court of Appeals · 2005

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