From Casetext: Smarter Legal Research

People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 622 (N.Y. App. Div. 1992)

Opinion

December 21, 1992

Appeal from the Supreme Court, Queens County (Harbater, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

In the instant case, at the outset of the plea proceedings, the court specifically asked the defense counsel if he had spoken to the defendant "about the appeal issue", i.e., the waiver of the right to appeal as part of the plea agreement, and the defense counsel replied, "That is not a problem". Later, the defendant acknowledged that he had had ample time to consult with his attorney before deciding to plead guilty and that he had discussed all aspects of the case with his attorney. During the course of the plea allocution, the court asked the defendant if he was "willing to sign a waiver of a Right to Appeal; that means this case is over, finished, never to be raised again by [you or] anybody else; do you understand that?", to which the defendant answered, "Yes". Thereafter, the defense counsel expressly stated that he had advised the defendant of his right to appeal and that the defendant had told him that he did not want to appeal. The court also read the waiver of the right to appeal form aloud to the defendant, and the defendant and his attorney executed the waiver form in the presence of the court. Under these circumstances, it is clear that the defendant's waiver of his right to appeal was knowing, intelligent, and voluntary (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v Velasquez, 181 A.D.2d 751; People v Graham, 177 A.D.2d 505; People v Cicciari, 175 A.D.2d 255).

The defendant's plea of guilty was knowingly and voluntarily entered. Accordingly, we enforce the defendant's waiver and affirm the judgment (see, People v Callahan, supra). Sullivan, J.P., Balletta, Eiber and Santucci, JJ., concur.


Summaries of

People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 622 (N.Y. App. Div. 1992)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID ROBINSON, Also…

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

Date published: Dec 21, 1992

Citations

188 A.D.2d 622 (N.Y. App. Div. 1992)

Citing Cases

People v. Willis

We reject the contention of defendant, common to both appeals, that his waivers of the right to appeal are…

People v. Faison

The trial court's plea allocution was sufficient to establish that the defendant knowingly, voluntarily, and…