Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Spencer
The defendant’s claim that he was illegally sentenced as a predicate violent felony offender survives his valid waiver of the right to appeal (see People v Helmus, 125 AD3d 884 [2015]; *984 People v DelCarpio, 101 AD3d 746, 746-747 [2012]; People v Iliff, 96 AD3d 974, 975 [2012]; People v Maglione, 305 AD2d 426 [2003]).
cited
Cited as authority (rule)
People v. Mitchell
Nonetheless, it is appropriate in this case that we exercise our interest of justice jurisdiction to review that contention (see CPL 470.15 [3] [c]; People v Iliff, 96 AD3d 974, 975 [2012]).
discussed
Cited as authority (rule)
People v. Durant
Although that contention is unpreserved for appellate review {see CPL 470.05 [2]; People v Samms, 95 NY2d 52, 57 [2000]; People v Iliff, 96 AD3d 974 *710 [2012]), we reach it in the exercise of our interest of justice jurisdiction.
discussed
Cited as authority (rule)
People v. DelCarpio
Second, even if the waiver were valid, it would not bar the defendant’s claim that he received an illegal sentence (see People v Iliff, 96 AD3d 974, 975 [2012]; People v Maglione, 305 AD2d 426, 426 [2003]).
discussed
Cited as authority (rule)
People v. DelCarpio
Second, even if the waiver were valid, it would not bar the defendant’s claim that he received an illegal sentence (see People v Iliff, 96 AD3d 974, 975 [2012]; People v Maglione, 305 AD2d 426, 426 [2003]).
discussed
Cited "see, e.g."
People v. Jones
Because New York only permits terms of imprisonment in excess of one year for felony convictions, the statute requires that the conviction be for a crime whose elements are equivalent to those of a New York felony” (id. at 589 [emphasis added]; see People v Muniz, 74 NY2d 464, 467 [1989]; see also People v Iliff, 96 AD3d 974, 975 [2012]).
discussed
Cited "see, e.g."
JONES, CLEMON, PEOPLE v
Because New York only permits terms of imprisonment in excess of one year for felony convictions, the statute requires that the conviction be for a crime whose elements are equivalent to those of a -3- 853 KA 09-02028 New York felony” (id. at 589 [emphasis added]; see People v Muniz, 74 NY2d 464, 467 ; see also People v Iliff, 96 AD3d 974, 975 ).
discussed
Cited "see, e.g."
People v. Jones
Because New York only permits terms of imprisonment in excess of one year for felony convictions, the statute requires that the conviction be for a crime whose elements are equivalent to those of a New York felony” (id. at 589 [emphasis added]; see People v Muniz, 74 NY2d 464, 467 [1989]; see also People v Iliff, 96 AD3d 974, 975 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Monte Herring
v.
Monte Herring
Appellate Division of the Supreme Court of the State of New York.
Jun 20, 2012.
Published
— Application by the defendant for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the County Court, Orange County, rendered October 7, 2005.
Ordered that the application is granted, and the defendant’s notice of appeal is deemed to have been timely filed.
The defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391 [2010]). Skelos, J.P., Dickerson, Roman and Miller, JJ., concur.