People v. Allred
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that he did not receive timely notice of his right to testify before the Grand Jury. He concedes, however, that he waived his right to appeal as part of his plea of guilty, and that waiver encompasses his contentions (see generally, People v Moissett, 76 NY2d 909, 910-911). In any event, by pleading guilty, defendant “removed this issue from the case and, lacking express statutory authorization, he cannot resuscitate it on appeal” (People v Taylor, 65 NY2d 1, 7; see, People v Holt, 210 AD2d 994, 995). The sentence is neither…
2Cases cited2 opinions
- People v. MoissettNew York Court of Appeals · 1990
- People v. HoltAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- People v. LighthallAppellate Division of the Supreme Court of the State of New York · 2004
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2000
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2001