Legal Opinion

People v. Dimauro

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

Decided February 13, 1990Published

1Opinion of the Court

The record demonstrates that, in response to inquiries from the court and the prosecutor, the defendant repeatedly and unequivocally agreed to waive his statutory right to seek appellate review of the denial of his suppression motion as a condition of his plea bargain. Inasmuch as such a waiver has long been recognized as an acceptable condition of a plea bargain (see, People v Seaberg, 74 NY2d 1; People v Williams, 36 NY2d 829, cert denied 423 US 873; People v Bray, 154 *537AD2d 692), and the record overwhelmingly supports the conclusion that the waiver in this case was knowingly and voluntarily…

2Cases cited5 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. WilliamsNew York Court of Appeals · 1975
  3. People v. BrayAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. CerceAppellate Division of the Supreme Court of the State of New York · 1988

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