People v. Derby
This text of 168 A.D.2d 969 (People v. Derby) 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.
Opinion
Appeal unanimously dismissed. Memorandum: Although the record does not reveal an explicit waiver by defendant of his right to appeal, there is ample evidence in the record to conclude that defendant understood that he was waiving that right as part of his plea bargain and that the waiver was voluntary, knowing and intelligent (see, People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1, 12). (Appeal from judgment of Onondaga County Court, Cunningham, J.—burglary, first degree.) Present—Dillon, P. J., Callahan, Boomer, Green and Lawton, JJ.
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Cite This Page — Counsel Stack
168 A.D.2d 969, 566 N.Y.S.2d 565, 1990 N.Y. App. Div. LEXIS 16529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-derby-nyappdiv-1990.