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People v. McBryde

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1996
226 A.D.2d 156 (N.Y. App. Div. 1996)

Opinion

April 4, 1996

Appeal from the Supreme Court, New York County (Allen Alpert, J.).


We find that defendant's waiver of his right to appeal any pretrial rulings, made in connection with his plea bargain, was voluntary, knowing and intelligent, and that the issue he now raises as to whether there should have been a Dunaway hearing is therefore nonreviewable ( People v. Callahan, 80 N.Y.2d 273). In any event, if we were to review the merits, we would find that defendant's motion papers failed to set forth facts sufficient to warrant such a hearing (CPL 710.60, [3] [b]). We also note that he was granted hearings on his motions to suppress his statements and identification.

Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Williams, JJ.


Summaries of

People v. McBryde

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 1996
226 A.D.2d 156 (N.Y. App. Div. 1996)
Case details for

People v. McBryde

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BROOKS McBRYDE…

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

Date published: Apr 4, 1996

Citations

226 A.D.2d 156 (N.Y. App. Div. 1996)
640 N.Y.S.2d 751

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