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People v. Nicholas

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 629 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered March 30, 1998, convicting him of murder in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Before: Mangano, P.J., Santucci, Krausman, Florio and Schmidt, JJ.


Ordered that the judgment is affirmed.

The transcript of the plea proceeding reveals that the defendant knowingly and voluntarily waived his right to appeal, including his right to appeal from his sentence. Accordingly, the issues the defendant seeks to raise concerning his sentence have been waived ( see, People v. Hidalgo, 91 N.Y.2d 733, 735). In addition, the defendant's waiver of the right to appeal precludes review of his contention raised in his supplemental pro se brief that he was denied the effective assistance of counsel, except to the extent that it may have affected the voluntariness of the plea ( see, People v. Holmes, 268 A.D.2d 597). We find that the plea was knowingly, voluntarily, and intelligently made ( see, People v. Seaberg, 74 N.Y.2d 1).


Summaries of

People v. Nicholas

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 629 (N.Y. App. Div. 2000)
Case details for

People v. Nicholas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KIRT NICHOLAS…

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

Date published: May 30, 2000

Citations

272 A.D.2d 629 (N.Y. App. Div. 2000)
709 N.Y.S.2d 823

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