People v. Redden

Appellate Division of the Supreme Court of New York

People v. Redden

246 A.D.2d 391, 666 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 250

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

DecidedJanuary 15, 1998

StatusPublished

Cited by3 cases

This text of 246 A.D.2d 391 (People v. Redden) 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. Redden, 246 A.D.2d 391, 666 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 250 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 24, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years and an unconditional discharge, respectively, unanimously affirmed.

Defendant knowingly and voluntarily waived his right to appeal. The record demonstrates that defendant repeatedly and clearly indicated his understanding that he was waiving his right to appeal the instant judgment of conviction after trial in exchange for favorable sentences in connection with that judgment as well as his guilty plea under a second indictment (see, People v Mathis, 228 AD2d 179). The court was not required to “engage in any particular litany in order to satisfy itself’ of the validity of the waiver (People v Callahan, 80 NY2d 273, 283), and we find nothing unfair or coercive about the arrangement (see, People v Seaberg, 74 NY2d 1, 10). In any event, defendant’s other claims are unpreserved and without merit. Concur— Rosenberger, J. P., Williams, Andrias and Colabella, JJ.

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Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 24, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years and an unconditional discharge, respectively, unanimously affirmed.

Defendant knowingly and voluntarily waived his right to appeal. The record demonstrates that defendant repeatedly and clearly indicated his understanding that he was waiving his right to appeal the instant judgment of conviction after trial in exchange for favorable sentences in connection with that judgment as well as his guilty plea under a second indictment (see, People v Mathis, 228 AD2d 179). The court was not required to “engage in any particular litany in order to satisfy itself’ of the validity of the waiver (People v Callahan, 80 NY2d 273, 283), and we find nothing unfair or coercive about the arrangement (see, People v Seaberg, 74 NY2d 1, 10). In any event, defendant’s other claims are unpreserved and without merit. Concur— Rosenberger, J. P., Williams, Andrias and Colabella, JJ.

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Bluebook (online)

246 A.D.2d 391, 666 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-redden-nyappdiv-1998.

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