People v. Walls

Appellate Division of the Supreme Court of New York

People v. Walls

129 A.D.2d 751, 514 N.Y.S.2d 513, 1987 N.Y. App. Div. LEXIS 45445

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

DecidedApril 20, 1987

StatusPublished

This text of 129 A.D.2d 751 (People v. Walls) 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. Walls, 129 A.D.2d 751, 514 N.Y.S.2d 513, 1987 N.Y. App. Div. LEXIS 45445 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered April 12, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contests the denial of his pretrial motion for a severance. However, the issues raised therein, pertaining to the right to confront witnesses and the right to trial by jury, do not survive his plea of guilty and are not reviewable on this appeal (see, People v Taylor, 65 NY2d 1). Although there are certain exceptions not relevant here, the general rule is that only those issues which relate either to the exercise of jurisdiction by the court or to the voluntary and knowing [752]*752nature of his plea are reviewable (see, People v Taylor, supra; People v Zangrillo, 105 AD2d 822; People v Thomas, 74 AD2d 317, affd 53 NY2d 338). Thompson, J. P., Weinstein, Kunzeman and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered April 12, 1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contests the denial of his pretrial motion for a severance. However, the issues raised therein, pertaining to the right to confront witnesses and the right to trial by jury, do not survive his plea of guilty and are not reviewable on this appeal (see, People v Taylor, 65 NY2d 1). Although there are certain exceptions not relevant here, the general rule is that only those issues which relate either to the exercise of jurisdiction by the court or to the voluntary and knowing [752]*752nature of his plea are reviewable (see, People v Taylor, supra; People v Zangrillo, 105 AD2d 822; People v Thomas, 74 AD2d 317, affd 53 NY2d 338). Thompson, J. P., Weinstein, Kunzeman and Harwood, JJ., concur.

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Bluebook (online)

129 A.D.2d 751, 514 N.Y.S.2d 513, 1987 N.Y. App. Div. LEXIS 45445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walls-nyappdiv-1987.

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