People v. McCain

Appellate Division of the Supreme Court of New York

People v. McCain

7 A.D.3d 815, 776 N.Y.S.2d 888

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

DecidedMay 24, 2004

StatusPublished

Cited by1 cases

This text of 7 A.D.3d 815 (People v. McCain) 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. McCain, 7 A.D.3d 815, 776 N.Y.S.2d 888 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiFiore, J.), rendered April 28, 2003, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was not effective. A waiver of the right to appeal will not be enforced unless it was knowingly, intelligently, and voluntarily made (see People v Seaberg, 74 NY2d 1, 11 [1989]). The bare inquiry made by the Supreme Court of the defendant regarding his understanding of the implications of his appellate waiver was insufficient to elicit an effective response (see People v Boustani, 300 AD2d 313 [2002]). However, upon our review of the merits of the issues raised on appeal, we conclude that they are without merit (see People v Williams, 306 AD2d 544 [2003]; People v Brown, 287 AD2d 464 [2001]; People v Kazepis, 101 AD2d 816 [1984]). Santucci, J.P., Smith, Luciano and Adams, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiFiore, J.), rendered April 28, 2003, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was not effective. A waiver of the right to appeal will not be enforced unless it was knowingly, intelligently, and voluntarily made (see People v Seaberg, 74 NY2d 1, 11 [1989]). The bare inquiry made by the Supreme Court of the defendant regarding his understanding of the implications of his appellate waiver was insufficient to elicit an effective response (see People v Boustani, 300 AD2d 313 [2002]). However, upon our review of the merits of the issues raised on appeal, we conclude that they are without merit (see People v Williams, 306 AD2d 544 [2003]; People v Brown, 287 AD2d 464 [2001]; People v Kazepis, 101 AD2d 816 [1984]). Santucci, J.P., Smith, Luciano and Adams, JJ., concur.

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Bluebook (online)

7 A.D.3d 815, 776 N.Y.S.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccain-nyappdiv-2004.

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