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People v. Addison

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1993
196 A.D.2d 875 (N.Y. App. Div. 1993)

Opinion

September 27, 1993

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The record establishes that the defendant voluntarily and intelligently waived his right to raise on appeal all issues except those relating to the jurisdiction of the court and the propriety of his negotiated sentence. Moreover, as part of his plea agreement, the defendant, through counsel, withdrew all pending and previously decided pretrial motions. Accordingly, he cannot now challenge the denial of his motion to dismiss the indictment upon the ground that he was deprived of his statutory right to testify before the Grand Jury (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v Carter, 191 A.D.2d 640; People v Corso, 183 A.D.2d 774; see also, People v Wallace, 188 A.D.2d 499).

The defendant's challenge to the propriety of his negotiated sentence is without merit (see, People v Kazepis, 101 A.D.2d 816; see also, People v Delgado, 80 N.Y.2d 780).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

People v. Addison

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1993
196 A.D.2d 875 (N.Y. App. Div. 1993)
Case details for

People v. Addison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERTIS ADDISON…

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

Date published: Sep 27, 1993

Citations

196 A.D.2d 875 (N.Y. App. Div. 1993)
602 N.Y.S.2d 61

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