People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The waiver by defendant of the right to appeal as part of his plea of guilty encompasses his contention concerning the severity of the sentence (see, People v Lococo, 92 NY2d 825, 827). The waiver also encompasses the contention of defendant in his pro se supplemental brief that he was denied the right to testify before the Grand Jury (see, People v Allred, 270 AD2d 926; People v Lynch, 256 AD2d 651, Iv denied 93 NY2d 1004; People v Nesbett, 255 AD2d 950). (Appeal from Judgment of Niagara County Court, Fricano, J.— Attempted Robbery, 1st Degree.)…
2Cases cited4 opinions
- People v. LococoNew York Court of Appeals · 1998
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 1998
- People v. NesbettAppellate Division of the Supreme Court of the State of New York · 1998
- People v. AllredAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by2 opinions
- People v. LighthallAppellate Division of the Supreme Court of the State of New York · 2004
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2001