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

Appellate Division of the Supreme Court of the State of New York·Decided January 18, 1996·Published·Cited by 1 cases

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.

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

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.

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).

Pincite

223 A.D.2d 425 (People v. McBryde) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related