Legal Opinion

People v. Streicher

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1995PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909; People v Austin, 212 AD2d 1061). That waiver encompassed defendant’s contentions that evidence procured pursuant to the warrant should have been suppressed because the informant was not placed under oath and that defendant was entitled to a Franks hearing (see, Franks v Delaware, 438 US 154). In any event, those contentions are without merit. (Appeal from Judgment of Erie…

2Cases cited4 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. People v. CallahanNew York Court of Appeals · 1992
  3. People v. MoissettNew York Court of Appeals · 1990
  4. People v. AustinAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. People v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1995

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