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11 New York opinions name it 1 courts 1999–2015 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Seaberggreen2 sentences2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). 2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). | 3 | 4 |
People v. Gonzalezgreen2 sentences2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). 2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). | 3 | 3 |
People v. McLellangreen2 sentences2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). 2015It is well settled that “defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal” (People v McLellan, 82 AD3d 1668, 1669 [2011]; see People v Seaberg, 74 NY2d 1, 10 [1989]), and he may raise such a challenge for the first time on appeal (see People v Gonzalez, 99 NY2d 76, 86 [2002]). | 2 | 3 |
People v. Callahangreen2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2 |
People v. Greathousegreen2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2 |
People v. Hawkinsgreen2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2 |
People v. Vasavadagreen2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2 |
People v. Santanagreen2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2 |
People v. Figueroagreen2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2 |
People v. Domingreen2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2 |
People v. McDonaldgreen2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2 |
People v. Evansgreen2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2 |
People v. Cory T.green1 sentence2010The challenge by defendant to the legality of the sentence survives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 [2008]) and, as the People cor rectly concede, “having adjudicated defendant a youthful offender, the court ‘was without authority to impose consecutive sentences in excess of four years’ ” (People v Cory T., 59 AD3d 1063, 1064 [2009], quoting People v Ralph W.C., 21 AD3d 904, 905 [2005]; see Penal Law § 60.02 [2]; § 70.00 [2] [e]). | 1 | 1 |
People v. Lopezgreen1 sentence2010Although we find that defendant validly waived his right to appeal, his challenge to the legality of the sentence survives such a waiver (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Romano, 45 AD3d 910, 912 [2007], lv denied 10 NY3d 770 [2008]). | 1 | 1 |
People v. Ralph W.C.green1 sentence2010The challenge by defendant to the legality of the sentence survives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 [2008]) and, as the People cor rectly concede, “having adjudicated defendant a youthful offender, the court ‘was without authority to impose consecutive sentences in excess of four years’ ” (People v Cory T., 59 AD3d 1063, 1064 [2009], quoting People v Ralph W.C., 21 AD3d 904, 905 [2005]; see Penal Law § 60.02 [2]; § 70.00 [2] [e]). | 1 | 1 |
People v. Malloygreen1 sentence2010Moreover, we agree with defendant’s claim—and the People concede—that County Court was without authority to impose consecutive sentences in excess of four years after having adjudicated him a youthful offender (see CPL 720.20 [1] [a]; Penal Law § 60.02 [21; § 70.00 [2] [e]; see generally People v Malloy, 34 AD3d 1046, 1046 [2006], lv denied 9 NY3d 847 [2007]). | 1 | 1 |
People v. Romanogreen1 sentence2010Although we find that defendant validly waived his right to appeal, his challenge to the legality of the sentence survives such a waiver (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Romano, 45 AD3d 910, 912 [2007], lv denied 10 NY3d 770 [2008]). | 1 | 1 |
People v. Dukesgreen1 sentence2007Preliminarily, we note that defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal (see People v Dukes, 14 AD3d 732, 733 [2005], lv denied 4 NY3d 885 [2005]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Malec v. Snyderman
green
2 sentences2011Although, as the People correctly concede, defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 [2008]), we reject defendant’s contention that the imposition of consecutive sentences was illegal. 2011Although, as the People correctly concede, defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal (see People v Christopher T., 48 AD3d 1131 ), we reject defendant’s contention that the imposition of consecutive sentences was illegal. | 3 | 2010–2011 |
People v. Gonzalez
green
2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2012–2012 |
People v. Greathouse
green
2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2012–2012 |
People v. Figueroa
green
2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2012–2012 |
Mallory v. Allstate Insurance
green
2 sentences2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied 2012Further, as the People concede, defendant was not sentenced as a second felony offender and the notation to that effect must be removed from the sentencing and commitment form (see People v Vasavada, 93 AD3d 893, 894 [2012], lv denied 19 NY3d 978 [2012]; People v Hawkins, 70 AD3d 1389, 1390 [2010], lv denied 14 NY3d 888 [2010]). * Finally, defendant’s contention regarding the severity of his prison sentence is precluded by his valid waiver of the right to appeal his conviction and sentence (see People v Santana, 95 AD3d 1503, 1504 [2012]; People v McDonald, 295 AD2d 756, 757 [2002], lv denied | 2 | 2012–2012 |
People v. Domin
green
2 sentences2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do 2012Therefore, defendant’s claim regarding the imposition of this part of the sentence survives the waiver of his right to appeal (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Greathouse, 62 AD3d 1212, 1213 [2009], lv denied 13 NY3d 744 [2009]; People v Figueroa, 17 AD3d 1130, 1130 [2005], lv denied 5 NY3d 788 [2005]), and we agree with defendant that, even though he did not seek to vacate his plea, the provision of his sentence imposing a fine must be vacated (see People v Figueroa, 17 AD3d at 1130 ; People v Fehr, 303 AD2d 1039, 1040 [2003], lv denied 100 NY2d 538 [2003]; People v Do | 2 | 2012–2012 |
People v. Dukes
green
1 sentence2007Preliminarily, we note that defendant’s challenge to the legality of the sentence survives his waiver of the right to appeal (see People v Dukes, 14 AD3d 732, 733 [2005], lv denied 4 NY3d 885 [2005]). | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.