People v. McCann
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J. P.
Appeal from a judgment of the County Court of Schenectady County (Main, Jr., J.), rendered August 22, 2000, convicting defendant upon his plea of guilty of the crime of offering a false instrument in the first degree.
Defendant claims that his guilty plea and waiver of the right to appeal were involuntary as a result of the effects of the muscle relaxant, antidepressant and pain reliever he was taking at the time he entered the plea and executed the waiver. The claim survived defendant’s waiver of the right to appeal (see, People v Seaberg, 74 NY2d 1, 10-11) and was preserved by…
2Cases cited6 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. D'AdamoAppellate Division of the Supreme Court of the State of New York · 2001
- People v. PaceAppellate Division of the Supreme Court of the State of New York · 2001
- People v. CummingsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. PasseroAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. JenksAppellate Division of the Supreme Court of the State of New York · 2010
- People v. RoysterAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BatcherAppellate Division of the Supreme Court of the State of New York · 2002
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2015
- People v. D'AdamoAppellate Division of the Supreme Court of the State of New York · 2002
12 more not listed; retrieve them via the Exa API.