Legal Opinion

People v. Phillips

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

Decided September 28, 2001No. Appeal No. 1PublishedCited by 2 opinions

1Opinion of the Court

*959—Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant’s waiver of the right to appeal was voluntary, knowing and intelligent (see, People v Callahan, 80 NY2d 273, 283; People v Debo, 234 AD2d 944, 945, lv denied 89 NY2d 984). The waiver encompasses defendant’s contention concerning the severity of the sentences (see, People v Lococo, 92 NY2d 825, 827). The challenge of defendant to the voluntariness of the pleas survives his waiver of the right to appeal (see, People v Faison, 270 AD2d 717). Defendant failed, however, to preserve that challenge…

2Cases cited5 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. LococoNew York Court of Appeals · 1998
  3. People v. FaisonAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. DeboAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. OstranderAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by2 opinions

  1. People v. MojicaAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2001

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