People v. Bryant
Appellate Division of the Supreme Court of the State of New York
1Dissent
Tom, J.P.,
dissents in a memorandum as follows: The record contradicts the majority’s conclusion that defendant was not properly apprised of the implications of waiving his right to appeal. Thus, defendant’s valid waiver of the right to appeal forecloses appellate review of his excessive sentence claim (see People v Lopez, 6 NY3d 248, 256-257 [2006]).
The record discloses that upon accepting defendant’s guilty plea, the court, in a lengthy plea allocution, engaged in the following colloquy:
“THE COURT: All right. Sir, you understand that also as a part of this you are waiving your right to…
2Cases cited6 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. SeabergNew York Court of Appeals · 1989
- People v. CalviNew York Court of Appeals · 1996
- People v. RomanoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1993
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