People v. Varney

Appellate Division of the Supreme Court of New York

People v. Varney

49 A.D.3d 957, 853 N.Y.2d 926

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

DecidedMarch 13, 2008

StatusPublished

This text of 49 A.D.3d 957 (People v. Varney) 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. Varney, 49 A.D.3d 957, 853 N.Y.2d 926 (N.Y. Ct. App. 2008).

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Opinion

Rose, J.

Defendant pleaded guilty to rape in the third degree, waived his right to appeal and was sentenced to a term of imprisonment of 1 to 3 years. Contending solely that his waiver of his right to appeal was ineffective, defendant appeals.

We affirm. Even if we were to find merit in defendant’s challenge to the validity of his waiver of appeal, he raises no other issues in his appellate brief that we would then be permitted to consider. Thus, the waiver’s invalidity would have no consequence. In any event, our review of the record satisfies us that defendant knowingly and voluntarily waived his right to appeal after a colloquy on the record and discussion with his counsel (see e.g. People v Hopper, 39 AD3d 1030, 1031 [2007]).

Peters, J.P., Carpinello, Kane and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.

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Rose, J.

Defendant pleaded guilty to rape in the third degree, waived his right to appeal and was sentenced to a term of imprisonment of 1 to 3 years. Contending solely that his waiver of his right to appeal was ineffective, defendant appeals.

We affirm. Even if we were to find merit in defendant’s challenge to the validity of his waiver of appeal, he raises no other issues in his appellate brief that we would then be permitted to consider. Thus, the waiver’s invalidity would have no consequence. In any event, our review of the record satisfies us that defendant knowingly and voluntarily waived his right to appeal after a colloquy on the record and discussion with his counsel (see e.g. People v Hopper, 39 AD3d 1030, 1031 [2007]).

Peters, J.P., Carpinello, Kane and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

49 A.D.3d 957, 853 N.Y.2d 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-varney-nyappdiv-2008.

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