People v. Simms

Appellate Division of the Supreme Court of New York

People v. Simms

89 A.D.3d 1043, 933 N.Y.2d 558

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

DecidedNovember 22, 2011

StatusPublished

Cited by2 cases

This text of 89 A.D.3d 1043 (People v. Simms) 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. Simms, 89 A.D.3d 1043, 933 N.Y.2d 558 (N.Y. Ct. App. 2011).

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Opinion

The defendant’s valid waiver of his right to appeal precludes review of his claim that he should have been sentenced as a youthful offender (see People v Hidalgo, 91 NY2d 733, 735 [1998]; People v Allen, 82 NY2d 761, 763 [1993]; see also People v Valentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556 [2004]; People v Hubbard, 288 AD2d 490, 490 [2001]; cf. People v Johnson, 14 NY3d 483, 486 [2010]). Prudenti, EJ., Rivera, Eng, Leventhal and Miller, JJ., concur.

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The defendant’s valid waiver of his right to appeal precludes review of his claim that he should have been sentenced as a youthful offender (see People v Hidalgo, 91 NY2d 733, 735 [1998]; People v Allen, 82 NY2d 761, 763 [1993]; see also People v Valentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556 [2004]; People v Hubbard, 288 AD2d 490, 490 [2001]; cf. People v Johnson, 14 NY3d 483, 486 [2010]). Prudenti, EJ., Rivera, Eng, Leventhal and Miller, JJ., concur.

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Bluebook (online)

89 A.D.3d 1043, 933 N.Y.2d 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simms-nyappdiv-2011.

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