People v. Pilier

Appellate Division of the Supreme Court of New York

People v. Pilier

199 A.D.2d 1076, 608 N.Y.S.2d 901, 1993 N.Y. App. Div. LEXIS 12777

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1993·Published

Opinion

Judgment unanimously affirmed. Memorandum: The record establishes that the waiver by defendant of his right to appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1). Defendant has raised no "categories of appellate claims” that survive his waiver (People v Callahan, supra, at 280; see, People v Myers, 195 AD2d 1076). (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Criminal Pos[1077]*1077session Controlled Substance, 2nd Degree.) Present—Callahan, J. P., Pine, Fallon, Doerr and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The record establishes that the waiver by defendant of his right to appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1). Defendant has raised no "categories of appellate claims” that survive his waiver (People v Callahan, supra, at 280; see, People v Myers, 195 AD2d 1076). (Appeal from Judgment of Ontario County Court, Henry, Jr., J.—Criminal Pos[1077]*1077session Controlled Substance, 2nd Degree.) Present—Callahan, J. P., Pine, Fallon, Doerr and Davis, JJ.

People v. Pilier, 199 A.D.2d 1076, 608 N.Y.S.2d 901, 1993 N.Y. App. Div. LEXIS 12777 (N.Y. Ct. App. 1993).

Pincite

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Opinion

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