People v. Dascoli

Appellate Division of the Supreme Court of New York

People v. Dascoli

149 A.D.2d 609, 540 N.Y.S.2d 686, 1989 N.Y. App. Div. LEXIS 4891

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

DecidedApril 17, 1989

StatusPublished

Cited by1 cases

This text of 149 A.D.2d 609 (People v. Dascoli) 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. Dascoli, 149 A.D.2d 609, 540 N.Y.S.2d 686, 1989 N.Y. App. Div. LEXIS 4891 (N.Y. Ct. App. 1989).

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Opinion

— Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered January 11, 1988, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the appeal is dismissed.

The defendant pleaded guilty to attempted burglary in the third degree to cover all charges contained in the indictment. As a condition of such plea, the defendant withdrew all motions, pending or decided, and cannot, therefore, now raise a suppression issue on appeal (see, People v Colarusso, 103 AD2d 848). Having also expressly waived his right to appeal, the defendant’s appeal must be dismissed (see, People v Williams, 36 NY2d 829, cert denied 423 US 873; People v Smith, 142 AD2d 195; People v Seaberg, 139 AD2d 53). Mollen, P. J., Thompson, Lawrence and Kunzeman, JJ., concur.

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— Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered January 11, 1988, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the appeal is dismissed.

The defendant pleaded guilty to attempted burglary in the third degree to cover all charges contained in the indictment. As a condition of such plea, the defendant withdrew all motions, pending or decided, and cannot, therefore, now raise a suppression issue on appeal (see, People v Colarusso, 103 AD2d 848). Having also expressly waived his right to appeal, the defendant’s appeal must be dismissed (see, People v Williams, 36 NY2d 829, cert denied 423 US 873; People v Smith, 142 AD2d 195; People v Seaberg, 139 AD2d 53). Mollen, P. J., Thompson, Lawrence and Kunzeman, JJ., concur.

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Bluebook (online)

149 A.D.2d 609, 540 N.Y.S.2d 686, 1989 N.Y. App. Div. LEXIS 4891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dascoli-nyappdiv-1989.

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