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People v. Hampton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 908 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Onondaga County Court, Burke, J.

Present — Denman, P.J., Balio, Lawton, Doerr and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal as part of his plea bargain (see, People v Callahan, 80 N.Y.2d 273). That waiver encompassed the challenge of defendant to the denial of his motion to suppress identification testimony (see, People v Butler, 198 A.D.2d 427; People v Branham, 196 A.D.2d 546; People v Williams, 143 A.D.2d 162, 163). Defendant may challenge, nonetheless, the voluntariness of his plea (see, People v Francabandera, 33 N.Y.2d 429, 434, n 2; People v Jefferson, 203 A.D.2d 908 [decided herewith]; see, e.g., People v Griggs, 199 A.D.2d 1073; People v Przesiak, 198 A.D.2d 915). We have examined the contention of defendant that his plea of guilty was not knowing, voluntary and intelligent and find it to be lacking in merit.


Summaries of

People v. Hampton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 908 (N.Y. App. Div. 1994)
Case details for

People v. Hampton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORACE HAMPTON…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 908 (N.Y. App. Div. 1994)
612 N.Y.S.2d 997

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