People v. Streicher

Appellate Division of the Supreme Court of New York

People v. Streicher

217 A.D.2d 947, 629 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 8368

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

DecidedJuly 14, 1995

StatusPublished

Cited by1 cases

This text of 217 A.D.2d 947 (People v. Streicher) 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. Streicher, 217 A.D.2d 947, 629 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 8368 (N.Y. Ct. App. 1995).

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Opinion

Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909; People v Austin, 212 AD2d 1061). That waiver encompassed defendant’s contentions that evidence procured pursuant to the warrant should have been suppressed because the informant was not placed under oath and that defendant was entitled to a Franks hearing (see, Franks v Delaware, 438 US 154). In any event, those contentions are without merit. (Appeal from Judgment of Erie County Court, McCarthy, J.—Criminal Possession Controlled Substance, 2nd Degree.) Present—Denman, P. J., Pine, Callahan, Doerr and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909; People v Austin, 212 AD2d 1061). That waiver encompassed defendant’s contentions that evidence procured pursuant to the warrant should have been suppressed because the informant was not placed under oath and that defendant was entitled to a Franks hearing (see, Franks v Delaware, 438 US 154). In any event, those contentions are without merit. (Appeal from Judgment of Erie County Court, McCarthy, J.—Criminal Possession Controlled Substance, 2nd Degree.) Present—Denman, P. J., Pine, Callahan, Doerr and Balio, JJ.

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Bluebook (online)

217 A.D.2d 947, 629 N.Y.S.2d 594, 1995 N.Y. App. Div. LEXIS 8368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-streicher-nyappdiv-1995.

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