PEOPLE v. FALU


48 A.D.3d 256 (2008)

850 N.Y.S.2d 457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR FALU, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 7, 2008.


Initially, we find that defendant did not make a valid waiver of his right to appeal, since the court did not distinguish the appeal waiver from the rights automatically waived by the guilty plea, and effectively conflated them (see People v Lopez, 6 N.Y.3d 248, 256-257 [2006]).

As to the merits, we conclude that a preponderance of the evidence presented at the hearing on the extent of defendant's compliance with his plea...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases