People v. Lozano

Appellate Division of the Supreme Court of New York

People v. Lozano

261 A.D.2d 640, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5615

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

DecidedMay 24, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 640 (People v. Lozano) 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.

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People v. Lozano, 261 A.D.2d 640, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5615 (N.Y. Ct. App. 1999).

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Opinion

—Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Friedman," J.), rendered August 7, 1997, convicting him of murder in the second degree and robbery in the first degree under Indictment No. 8432/96, upon a jury verdict, and (2) a judgment of the same court, rendered September 5, 1997, convicting him of murder in the second degree under Indictment No. 7465/97, upon his plea of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant’s waiver of the right to appellate review of his convictions under both indictments was voluntary, knowing, and intelligent (see, People v Muniz, 91 NY2d 570; People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Moreover, the defendant knew and understood the terms of the plea of guilty and willingly accepted them (see, People v Seaberg, supra). Accordingly, review of the issues raised by the defendant on these appeals is precluded. O’Brien, J. P., Goldstein, Luciano and Schmidt, JJ., concur.

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—Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Friedman," J.), rendered August 7, 1997, convicting him of murder in the second degree and robbery in the first degree under Indictment No. 8432/96, upon a jury verdict, and (2) a judgment of the same court, rendered September 5, 1997, convicting him of murder in the second degree under Indictment No. 7465/97, upon his plea of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant’s waiver of the right to appellate review of his convictions under both indictments was voluntary, knowing, and intelligent (see, People v Muniz, 91 NY2d 570; People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Moreover, the defendant knew and understood the terms of the plea of guilty and willingly accepted them (see, People v Seaberg, supra). Accordingly, review of the issues raised by the defendant on these appeals is precluded. O’Brien, J. P., Goldstein, Luciano and Schmidt, JJ., concur.

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Bluebook (online)

261 A.D.2d 640, 688 N.Y.S.2d 916, 1999 N.Y. App. Div. LEXIS 5615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lozano-nyappdiv-1999.

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