People v. Islam

Appellate Division of the Supreme Court of New York

People v. Islam

188 A.D.2d 304, 590 N.Y.S.2d 723, 1992 N.Y. App. Div. LEXIS 13699

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

DecidedDecember 3, 1992

StatusPublished

This text of 188 A.D.2d 304 (People v. Islam) 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. Islam, 188 A.D.2d 304, 590 N.Y.S.2d 723, 1992 N.Y. App. Div. LEXIS 13699 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered December 18, 1990, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Defendant waived his right to appeal at the plea, following discussions between the defendant, the District Attorney and the court. A waiver of the right to appeal will be enforced if voluntary, knowing and intelligent and an integral part of the plea bargain (People v Moissett, 76 NY2d 909, 910-911). Contrary to the People’s argument, the proper disposition of the appeal is not a dismissal but an affirmance based on the absence of any reviewable issues that have not been superseded by the waiver (People v Callahan, 80 NY2d 273, 285).

Were we to reach the merits, we would affirm. Concur— Carro, J. P., Ellerin, Kupferman and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered December 18, 1990, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Defendant waived his right to appeal at the plea, following discussions between the defendant, the District Attorney and the court. A waiver of the right to appeal will be enforced if voluntary, knowing and intelligent and an integral part of the plea bargain (People v Moissett, 76 NY2d 909, 910-911). Contrary to the People’s argument, the proper disposition of the appeal is not a dismissal but an affirmance based on the absence of any reviewable issues that have not been superseded by the waiver (People v Callahan, 80 NY2d 273, 285).

Were we to reach the merits, we would affirm. Concur— Carro, J. P., Ellerin, Kupferman and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

188 A.D.2d 304, 590 N.Y.S.2d 723, 1992 N.Y. App. Div. LEXIS 13699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-islam-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack