Legal Opinion

People v. McDonald

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

Decided March 29, 2000PublishedCited by 12 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his waiver of the right to appeal was not knowing and intelligent (see, People v Callahan, 80 NY2d 273, 280). No particular litany is required for an effective waiver of the right to appeal (see, People v Kemp, 94 NY2d 831). Defendant entered a negotiated plea that was conditioned upon waiver of the right to appeal. He entered that plea upon the advice of defense counsel after discussing the waiver with him. Defendant acknowledged his right to appeal and expressly stated that he wished to waive that right.…

2Cases cited3 opinions

  1. People v. HidalgoNew York Court of Appeals · 1998
  2. People v. CallahanNew York Court of Appeals · 1992
  3. People v. KempNew York Court of Appeals · 1999

3Cited by12 opinions

  1. People v. DunhamAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. FisherAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. KozodyAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. StrawAppellate Division of the Supreme Court of the State of New York · 2010

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