People v. Leiser
Cases that cite this one
8 later published cases cite this decision.
- People v. Hicks (Appellate Division of the Supreme Court of New York 2020)
- People v. Bradley (Appellate Division of the Supreme Court of New York 2019)
- WEATHERBEE, JEREMY A., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Weatherbee (Appellate Division of the Supreme Court of New York 2017)
- People v. Weatherbee (Appellate Division of the Supreme Court of New York 2017)
- MEAD, JR., DONALD E., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Mead (Appellate Division of the Supreme Court of New York 2015)
- People v. Mead (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), we conclude that the valid waiver of the right to appeal does not encompass the challenge to the severity of the sentence because County Court did not advise defendant, at the time of his plea, of the potential term of incarceration that he would face if he violated the terms of his release under supervision (see People v Eron, 79 AD3d 1774, 1775 [2010]). Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.