People v. Weber

Appellate Division of the Supreme Court of New York

People v. Weber

187 A.D.2d 1043, 592 N.Y.S.2d 930, 1992 N.Y. App. Div. LEXIS 14165

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1992·Published

Opinion

Judgment unanimously affirmed. Memorandum: The record shows that, as part of his plea bargain, defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909; People v Derby, 168 AD2d 969, lv denied 77 NY2d 905). Supreme Court fully discussed the waiver with defendant at the plea proceeding (see, People v Callahan, 80 NY2d 273). Defendant has raised no "categories of claims” that survive such waiver (People v Callahan, supra, at 285). (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Criminal Possession Forged Instrument, 1st Degree.) Present— Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.

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Judgment unanimously affirmed. Memorandum: The record shows that, as part of his plea bargain, defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909; People v Derby, 168 AD2d 969, lv denied 77 NY2d 905). Supreme Court fully discussed the waiver with defendant at the plea proceeding (see, People v Callahan, 80 NY2d 273). Defendant has raised no "categories of claims” that survive such waiver (People v Callahan, supra, at 285). (Appeal from Judgment of Supreme Court, Erie County, Easier, J. — Criminal Possession Forged Instrument, 1st Degree.) Present— Green, J. P., Pine, Boehm, Fallon and Doerr, JJ.

People v. Weber, 187 A.D.2d 1043, 592 N.Y.S.2d 930, 1992 N.Y. App. Div. LEXIS 14165 (N.Y. Ct. App. 1992).

Pincite

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Opinion

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