People v. Byng, 148 A.D.3d 1753 (N.Y. App. Div. 2017). · Go Syfert
People v. Byng, 148 A.D.3d 1753 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: People v. Colon-Colon (nyappdiv, 2019-02-08)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Colon-Colon
N.Y. App. Div. · 2019 · confidence medium
To that end, it is well established that a "challenge to the validity of [a] waiver of indictment is not forfeited by [a] plea of guilty and would not be precluded by any valid waiver of the right to appeal" (People v Janelle, 146 AD3d 808, 809 [2d Dept 2017] [internal quotation marks omitted]; see Pierce, 14 NY3d at 570 n 2; People v Melvin, 148 AD3d 1753, 1754 [4th Dept 2017]; People v Lugg, 108 AD3d 1074, 1074 [4th Dept 2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kevin V. Byng
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Mar 31, 2017.
148 A.D.3d 1753
Carni, Cur, Nemoyer, Ran, Smith, Troutman.
Published

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered September 8, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Byng ([appeal No. 1] 148 AD3d 1752 [2017]).

Present — Smith, J.P., Carni, NeMoyer, Cur-ran and Troutman, JJ.