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People v. Decan

215 A.D.2d 579, 627 N.Y.S.2d 942, 1995 N.Y. App. Div. LEXIS 5095
Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1995·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J., at plea; Posner, J., at sentence), rendered July 20, 1993, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Appellate review of the issues raised by the defendant was effectively waived either by his plea of guilty (see, People v O’Brien, 56 NY2d 1009; People v Penna, 203 AD2d 392; People v Morales, 199 AD2d 284; People v Baldwin, 162 AD2d 603; People v Gooden, 151 AD2d 773), or by his voluntary and knowing written waiver as a condition of that plea (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Accordingly, the judgment of conviction is affirmed. Miller, J. P., Pizzuto, Joy and Friedmann, JJ., concur.

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People v. Decan, 215 A.D.2d 579, 627 N.Y.S.2d 942, 1995 N.Y. App. Div. LEXIS 5095 (N.Y. Ct. App. 1995).

215 A.D.2d 579 (People v. Decan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. O'Brien
439 N.E.2d 354 (New York Court of Appeals, 1982)
People v. Seaberg
541 N.E.2d 1022 (New York Court of Appeals, 1989)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Gooden
151 A.D.2d 773 (Appellate Division of the Supreme Court of New York, 1989)
People v. Baldwin
162 A.D.2d 603 (Appellate Division of the Supreme Court of New York, 1990)
People v. Morales
199 A.D.2d 284 (Appellate Division of the Supreme Court of New York, 1993)
People v. Penna
203 A.D.2d 392 (Appellate Division of the Supreme Court of New York, 1994)