People v. Novak
This text of 263 A.D.2d 966 (People v. Novak) 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.
Opinion
—Judgment unanimously affirmed. Memorandum: The record establishes that defendant’s waiver of the right to appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273, 280). That waiver encompasses defendant’s challenge to the severity of the sentence (see, People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737) and also encompasses the issues raised in defendant’s pro se supplemental brief (see, People v Callahan, supra, at 280; People v Saunders, 190 AD2d 1092, 1093, lv denied 81 NY2d 1019). (Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 1st Degree.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Callahan, JJ.
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Cite This Page — Counsel Stack
263 A.D.2d 966, 693 N.Y.S.2d 471, 1999 N.Y. App. Div. LEXIS 7949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-novak-nyappdiv-1999.