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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 864 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the Supreme Court, Kings County (Corriero, J.).


Ordered that the judgment is affirmed.

The defendant knowingly and voluntarily waived his statutory right to seek review of the denial of that branch of his omnibus motion which was to suppress certain evidence as a condition of his plea bargain. Such a condition is acceptable and valid (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Moore, 123 A.D.2d 363, lv denied 68 N.Y.2d 1002; People v. Pescatore, 102 A.D.2d 834; People v. Greshen, 97 A.D.2d 799; People v. Rolston, 66 A.D.2d 617, 629, n 5, affd 50 N.Y.2d 1048). Under these circumstances, we will not discuss the merits of the defendant's suppression claim. Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 864 (N.Y. App. Div. 1987)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERRY SMITH, Appellant

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 864 (N.Y. App. Div. 1987)

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