People v. Polanco

Appellate Division of the Supreme Court of New York

People v. Polanco

201 A.D.2d 410, 609 N.Y.S.2d 772, 1994 N.Y. App. Div. LEXIS 1490

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

DecidedFebruary 22, 1994

StatusPublished

This text of 201 A.D.2d 410 (People v. Polanco) 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. Polanco, 201 A.D.2d 410, 609 N.Y.S.2d 772, 1994 N.Y. App. Div. LEXIS 1490 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered November 7, 1991, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The record demonstrates that defendant merely withdrew pending motions and agreed to forfeit his right to appeal rulings on motions already decided as part of his negotiated plea. The court inquired and determined that both defendant’s plea and waiver were knowingly and voluntarily entered. Defendant did not agree to, nor did he, forfeit his right to appeal any other claims protected by statute or by the United States or New York Constitutions. Thus, it was not necessary for the court to inquire as to whether defendant made a knowing and voluntary waiver of these rights (People v Sea-[411]*411berg, 74 NY2d 1, 11-12; People v Callahan, 80 NY2d 273, 283). Concur — Carro, J. P., Ellerin, Wallach, Kupferman and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered November 7, 1991, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The record demonstrates that defendant merely withdrew pending motions and agreed to forfeit his right to appeal rulings on motions already decided as part of his negotiated plea. The court inquired and determined that both defendant’s plea and waiver were knowingly and voluntarily entered. Defendant did not agree to, nor did he, forfeit his right to appeal any other claims protected by statute or by the United States or New York Constitutions. Thus, it was not necessary for the court to inquire as to whether defendant made a knowing and voluntary waiver of these rights (People v Sea-[411]*411berg, 74 NY2d 1, 11-12; People v Callahan, 80 NY2d 273, 283). Concur — Carro, J. P., Ellerin, Wallach, Kupferman and Nardelli, JJ.

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Bluebook (online)

201 A.D.2d 410, 609 N.Y.S.2d 772, 1994 N.Y. App. Div. LEXIS 1490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-polanco-nyappdiv-1994.

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