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People v. Cicciari

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 255 (N.Y. App. Div. 1991)

Opinion

July 22, 1991

Appeal from the County Court, Nassau County (Mackston, J.).


Ordered that the appeal is dismissed.

The record on appeal reveals that the following colloquy occurred before the court accepted the defendant's plea:

"THE COURT: Do you voluntarily then, without hesitation or reservation, give up the right to appeal this conviction, sentence and judgment?

"THE DEFENDANT: Yes.

"THE COURT: No reservations about it, is that correct?

"THE DEFENDANT: Yes.

"THE COURT: Yes, you have no reservations?

"THE DEFENDANT: I don't plan to appeal it.

"THE COURT: Yes, you have no reservations?

"THE DEFENDANT: I don't understand the question.

"THE COURT: Do you have any reservations about it? Is it completely voluntarily being done?

"THE DEFENDANT: Yes."

The foregoing establishes that the defendant knowingly waived his right to appeal as a condition to the court's acceptance of his plea. The appeal must, therefore, be dismissed (see, People v Seaberg, 74 N.Y.2d 1). Mangano, P.J., Bracken, Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Cicciari

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1991
175 A.D.2d 255 (N.Y. App. Div. 1991)
Case details for

People v. Cicciari

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS C. CICCIARI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 1991

Citations

175 A.D.2d 255 (N.Y. App. Div. 1991)
572 N.Y.S.2d 370

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