People v. McBryde

Appellate Division of the Supreme Court of New York

People v. McBryde

223 A.D.2d 425, 637 N.Y.S.2d 5, 1996 N.Y. App. Div. LEXIS 314

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

DecidedJanuary 18, 1996

StatusPublished

Cited by1 cases

This text of 223 A.D.2d 425 (People v. McBryde) 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. McBryde, 223 A.D.2d 425, 637 N.Y.S.2d 5, 1996 N.Y. App. Div. LEXIS 314 (N.Y. Ct. App. 1996).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered January 22, 1993, convicting defendant, upon his plea of guilty, of robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 4 to 8 years and 2 to 4 years, respectively, unanimously affirmed.

As part of his plea bargain, defendant agreed to forgo his right to any suppression hearings. The record, however, is silent with respect to any knowing and voluntary waiver of his right to appeal this aspect of his plea (People v Callahan, 80 NY2d 273, 283). In any event, there is no basis to disturb the conviction since defendant’s motion "for a Dunaway hearing” (Dunaway v New York, 442 US 200), i.e., to suppress identification testimony on the ground of unlawful seizure, was properly denied, without a hearing, in view of the conclusory nature of defendant’s allegations (People v Mendoza, 82 NY2d 415). Concur—Ellerin, J. P., Rubin, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered January 22, 1993, convicting defendant, upon his plea of guilty, of robbery in the first degree, robbery in the second degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 4 to 8 years and 2 to 4 years, respectively, unanimously affirmed.

As part of his plea bargain, defendant agreed to forgo his right to any suppression hearings. The record, however, is silent with respect to any knowing and voluntary waiver of his right to appeal this aspect of his plea (People v Callahan, 80 NY2d 273, 283). In any event, there is no basis to disturb the conviction since defendant’s motion "for a Dunaway hearing” (Dunaway v New York, 442 US 200), i.e., to suppress identification testimony on the ground of unlawful seizure, was properly denied, without a hearing, in view of the conclusory nature of defendant’s allegations (People v Mendoza, 82 NY2d 415). Concur—Ellerin, J. P., Rubin, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

223 A.D.2d 425, 637 N.Y.S.2d 5, 1996 N.Y. App. Div. LEXIS 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcbryde-nyappdiv-1996.

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