Legal Opinion

People v. Brown

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

Decided December 13, 2012PublishedCited by 1 opinion

1Opinion of the CourtGarry, J.

We affirm. Initially, we reject defendant’s contention that he did not validly waive his right to appeal. The record reflects that County Court distinguished the right to appeal from the rights forfeited by his guilty plea, and defendant affirmed his understanding of the consequences of the waiver. Thereafter, defendant executed a written waiver acknowledging that he had discussed the right to appeal with counsel and was voluntarily waiving it. Accordingly, we conclude that defendant’s waiver of the right to appeal was valid (see People v Tolliver, 92 AD3d 1024, 1024 [2012]; People v Shaver,…

2Cases cited8 opinions

  1. People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. TolliverAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. HaranAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. SchryverAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by1 opinion

  1. Brown v. RichDistrict Court, N.D. New York · 2020

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