THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SANDRO LOPEZ, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
YOLANDA BILLINGSLEA, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
WINSTON NICHOLSON, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 12, 2006.
Decided February 16, 2006.
Attorney(s) appearing for the Case
Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant in the first above-entitled action.
Robert T. Johnson, District Attorney, Bronx (Jonathan Zucker and Joseph N. Ferdenzi of counsel), for respondent in the first above-entitled action.
Lynn W.L. Fahey, New York City, for appellant in the second above-entitled action.
Charles J. Hynes, District Attorney, Brooklyn (Joyce Slevin and Leonard Joblove of counsel), for respondent in the second above-entitled action.
Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant in the third above-entitled action.
Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio and Joseph N. Ferdenzi of counsel), for respondent in the third above-entitled action.
Legal Aid Society of New York, Criminal Appeals Bureau, New York City (Steven Banks and Laura R. Johnson of counsel), amicus curiae in the third above-entitled action.
Richard A. Brown, District Attorney, Kew Gardens (Gary S. Fidel and John M. Castellano of counsel), amicus curiae in the third above-entitled action.
Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Chief Judge KAYE; Judge G.B. SMITH concurs in result in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Chief Judge KAYE.
Can a criminal defendant who has validly waived the right to appeal nonetheless ask the Appellate Division to exercise its interest-of-justice jurisdiction to reduce a sentence? We answer that question in the negative, though in so doing we underscore the critical nature of a court's colloquy with a defendant explaining the right relinquished by an appeal waiver.
...
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