People v. Acevedo

Appellate Division of the Supreme Court of New York

People v. Acevedo

211 A.D.2d 802, 621 N.Y.S.2d 924, 1995 N.Y. App. Div. LEXIS 733

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

DecidedJanuary 30, 1995

StatusPublished

This text of 211 A.D.2d 802 (People v. Acevedo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Acevedo, 211 A.D.2d 802, 621 N.Y.S.2d 924, 1995 N.Y. App. Div. LEXIS 733 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal by the defendant (1) from a judgment of the Supreme Court, Queens County (Kohn, J.), rendered February 1, 1994, convicting him of criminally negligent homicide, upon his plea of guilty, and imposing sentence, and (2) by permission, from an order of the [803]*803same court, dated May 9, 1994, which denied the defendant’s motion to vacate his plea of guilty pursuant to CPL 440.20 and 440.30.

Ordered that the judgment and order are reversed on the law, the defendant’s motion is granted, and the matter is remitted to the Supreme Court, Queens County for further proceedings consistent herewith.

The general waiver of appeal rights which the defendant executed did not waive his appellate claim that his plea of guilty was not voluntarily, knowingly, or intelligently entered (see, People v Seaberg, 74 NY2d 1, 9).

The record indicates that the court failed to comply with its promise to afford the defendant the opportunity to withdraw his plea of guilty if the pre-sentence report turned out to be "unfavorable”. Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant (1) from a judgment of the Supreme Court, Queens County (Kohn, J.), rendered February 1, 1994, convicting him of criminally negligent homicide, upon his plea of guilty, and imposing sentence, and (2) by permission, from an order of the [803]*803same court, dated May 9, 1994, which denied the defendant’s motion to vacate his plea of guilty pursuant to CPL 440.20 and 440.30.

Ordered that the judgment and order are reversed on the law, the defendant’s motion is granted, and the matter is remitted to the Supreme Court, Queens County for further proceedings consistent herewith.

The general waiver of appeal rights which the defendant executed did not waive his appellate claim that his plea of guilty was not voluntarily, knowingly, or intelligently entered (see, People v Seaberg, 74 NY2d 1, 9).

The record indicates that the court failed to comply with its promise to afford the defendant the opportunity to withdraw his plea of guilty if the pre-sentence report turned out to be "unfavorable”. Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

211 A.D.2d 802, 621 N.Y.S.2d 924, 1995 N.Y. App. Div. LEXIS 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-acevedo-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack