People v. Batten

Appellate Division of the Supreme Court of New York

People v. Batten

209 A.D.2d 1012, 619 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 12044

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1994

StatusPublished

This text of 209 A.D.2d 1012 (People v. Batten) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Batten, 209 A.D.2d 1012, 619 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 12044 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed. Memorandum: The record demonstrates that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Saunders, 190 AD2d 1092, lv denied 81 NY2d 1019). Moreover, defendant specifically waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829, 830, cert denied 423 US 873). Finally, the contention that defendant was denied effective assistance of counsel at the Massiah hearing (see, Massiah v United States, 377 US 201) is without merit (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 146-147). (Appeal from Judgment of Oswego County Court, Auser, J.—Murder, 2nd Degree.) Present— Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: The record demonstrates that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Saunders, 190 AD2d 1092, lv denied 81 NY2d 1019). Moreover, defendant specifically waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829, 830, cert denied 423 US 873). Finally, the contention that defendant was denied effective assistance of counsel at the Massiah hearing (see, Massiah v United States, 377 US 201) is without merit (see, People v Rivera, 71 NY2d 705, 708-709; People v Baldi, 54 NY2d 137, 146-147). (Appeal from Judgment of Oswego County Court, Auser, J.—Murder, 2nd Degree.) Present— Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.

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Bluebook (online)

209 A.D.2d 1012, 619 N.Y.S.2d 992, 1994 N.Y. App. Div. LEXIS 12044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-batten-nyappdiv-1994.

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