Legal Opinion

People v. Jasper

New York Supreme Court

Decided February 19, 1981PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Benjamin Altman, J.

Can a defendant’s “unhappiness” about a constitutional appeal waiver negate the court’s acceptance of a defendant’s plea?

The District Attorney conditioned his acceptance of the plea upon the defendant’s waiver of his appeal of the denial of a suppression hearing. The defendant indicated that he was “unhappy” with this condition but that he accepted the plea nonetheless.

Should a Judge accept a plea which is conditioned upon the defendant’s waiver of his right to appeal the denial of a motion to suppress physical evidence?

It depends upon whether or not…

2Cases cited11 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. United States v. SalvucciSupreme Court of the United States · 1980
  3. People v. HuntleyNew York Court of Appeals · 1965
  4. People v. FrederickNew York Court of Appeals · 1978
  5. People v. WilliamsNew York Court of Appeals · 1975

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Gwin v. StateCourt of Criminal Appeals of Alabama · 1984
  2. Barlow v. LopesSupreme Court of Connecticut · 1986
  3. Cubbage v. StateCourt of Appeals of Maryland · 1985
  4. People v. CharlesCalifornia Court of Appeal · 1985
  5. Smith v. RobinsonConnecticut Appellate Court · 1986

2 more not listed; retrieve them via the Exa API.

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