People v. Kelly

Appellate Division of the Supreme Court of New York

People v. Kelly

190 A.D.2d 865

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

DecidedFebruary 22, 1993

StatusPublished

Cited by2 cases

This text of 190 A.D.2d 865 (People v. Kelly) 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. Kelly, 190 A.D.2d 865 (N.Y. Ct. App. 1993).

Pincite

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered August 21, 1991, convicting him of criminal sale of a controlled substance in the third degree, upon his [866]*866plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

We find that the defendant’s plea of guilty was knowingly and voluntarily entered (see, North Carolina v Alford, 400 US 25).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea bargain. Accordingly, the judgment of conviction is affirmed (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

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

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered August 21, 1991, convicting him of criminal sale of a controlled substance in the third degree, upon his [866]*866plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

We find that the defendant’s plea of guilty was knowingly and voluntarily entered (see, North Carolina v Alford, 400 US 25).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea bargain. Accordingly, the judgment of conviction is affirmed (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Mangano, P. J., Sullivan, Balletta and O’Brien, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

190 A.D.2d 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack