Legal Opinion

People v. Rice

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

Decided October 1, 1993Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The record shows that defendant’s waiver of appeal was knowing, intelligent and voluntary (see, People v Callahan, 80 NY2d 273; People v Derby, 168 AD2d 969, lv denied 77 NY2d 905). Defendant has raised no categories of appellate claims that survive his waiver (see, People v Callahan, supra, at 280; People v Pierson, 195 AD2d 1073; People v Saunders, 190 AD2d 1092). (Appeal from Judgment of Onondaga County Court, Cunningham, J.—Criminal Sale Controlled Substance, 3rd Degree.) Present—Pine, J. P., Lawton, Fallon, Doerr and Davis, JJ.

2Cases cited4 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. DerbyAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. PiersonAppellate Division of the Supreme Court of the State of New York · 1993