People v. Bourne
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carro, J.
Express waivers, the "intentional relinquishment or abandonment of a known right” (Johnson v Zerbst, 304 US 458, 464), are ordinarily given effect if "knowingly and voluntarily made” (Barker v Wingo, 407 US 514, 529) and not in violation of public policy (Hadden v Consolidated Edison Co., 45 NY2d 466, 469). Without a doubt, defendant asserts cogent arguments, which deserve our careful attention, as to why this court should scrutinize more closely the growing prosecutorial practice of exacting as a condition to a negotiated plea the waiver of the right to appeal.…
2Cases cited21 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- People v. FarrarNew York Court of Appeals · 1981
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- Matter of SteinwayNew York Court of Appeals · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. RomanoAppellate Division of the Supreme Court of the State of New York · 2007
- Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MayeAppellate Division of the Supreme Court of the State of New York · 1988
24 more not listed; retrieve them via the Exa API.