People v. Slack

Appellate Division of the Supreme Court of New York

People v. Slack

177 A.D.2d 754, 575 N.Y.S.2d 792, 1991 N.Y. App. Div. LEXIS 14260

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

DecidedNovember 7, 1991

StatusPublished

Cited by2 cases

This text of 177 A.D.2d 754 (People v. Slack) 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. Slack, 177 A.D.2d 754, 575 N.Y.S.2d 792, 1991 N.Y. App. Div. LEXIS 14260 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered January 14, 1991, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated.

Contrary to defendant’s contention, the record establishes that his waiver of his right to appeal as part of a negotiated plea bargain was knowingly and voluntarily made and that defendant fully understood the consequences of the waiver [755]*755(see, People v Seaberg, 74 NY2d 1; People v Brown, 160 AD2d 1039). Furthermore, a review of the minutes of the plea allocution indicates that County Court made sufficient inquiry of defendant, who was aided by competent counsel, and that defendant fully comprehended the nature of the proceedings and knowingly entered his plea. Accordingly, the court properly denied defendant’s motion to withdraw his plea of guilty (see, People v Lattmen, 101 AD2d 662, 663; People v Walton, 98 AD2d 842, 843). We have examined defendant’s remaining contention and find it lacking in merit.

Mahoney, P. J., Casey, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the appeal is dismissed.

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Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered January 14, 1991, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated.

Contrary to defendant’s contention, the record establishes that his waiver of his right to appeal as part of a negotiated plea bargain was knowingly and voluntarily made and that defendant fully understood the consequences of the waiver [755]*755(see, People v Seaberg, 74 NY2d 1; People v Brown, 160 AD2d 1039). Furthermore, a review of the minutes of the plea allocution indicates that County Court made sufficient inquiry of defendant, who was aided by competent counsel, and that defendant fully comprehended the nature of the proceedings and knowingly entered his plea. Accordingly, the court properly denied defendant’s motion to withdraw his plea of guilty (see, People v Lattmen, 101 AD2d 662, 663; People v Walton, 98 AD2d 842, 843). We have examined defendant’s remaining contention and find it lacking in merit.

Mahoney, P. J., Casey, Mikoll, Crew III and Harvey, JJ., concur. Ordered that the appeal is dismissed.

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Bluebook (online)

177 A.D.2d 754, 575 N.Y.S.2d 792, 1991 N.Y. App. Div. LEXIS 14260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slack-nyappdiv-1991.

Opinion

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