People v. Leach
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered July 27, 2011, convicting him of attempted grand larceny in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
A waiver of the right to appeal is enforceable where, as here, it is voluntary, knowing, and intelligent (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Seaberg, 74 NY2d 1, 11 [1989]; People v Finn, 56 AD3d 490 [2008]).
*678A defendant cannot waive, as part of a plea bargain, a question as to his competency to stand trial (see…
2Cases cited21 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. LopezNew York Court of Appeals · 2006
- People v. SeabergNew York Court of Appeals · 1989
- People v. BradshawNew York Court of Appeals · 2011
- People v. CallahanNew York Court of Appeals · 1992
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