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People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1997
245 A.D.2d 20 (N.Y. App. Div. 1997)

Opinion

December 4, 1997

Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).


Defendant's plea allocution demonstrates a voluntary and intelligent waiver of his right to appeal from all rulings made by the trial court in connection with his case, including the sentence, which defendant now challenges solely on the ground of excessiveness ( see, People v. Allen, 82 N.Y.2d 761). Taken in context, the court's remarks concerning defendant's waiver of his right to appeal cannot be viewed as a limitation on the scope of defendant's waiver, but rather as an indication that the waiver was intended to be all encompassing ( supra).

In any event, we perceive no abuse of sentencing discretion.

Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 1997
245 A.D.2d 20 (N.Y. App. Div. 1997)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. GERALDO PEREZ, Appellant

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

Date published: Dec 4, 1997

Citations

245 A.D.2d 20 (N.Y. App. Div. 1997)
665 N.Y.S.2d 865

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