People v. Lazado

Appellate Division of the Supreme Court of New York

People v. Lazado

68 A.D.3d 408, 888 N.Y.2d 743

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

DecidedDecember 1, 2009

StatusPublished

This text of 68 A.D.3d 408 (People v. Lazado) 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. Lazado, 68 A.D.3d 408, 888 N.Y.2d 743 (N.Y. Ct. App. 2009).

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Opinion

Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea (see People v Lopez, 6 NY3d 248 [2006]). As an alternative holding, we also reject defendant’s suppression claim on the merits. Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea (see People v Lopez, 6 NY3d 248 [2006]). As an alternative holding, we also reject defendant’s suppression claim on the merits. Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

68 A.D.3d 408, 888 N.Y.2d 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lazado-nyappdiv-2009.

Opinion

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