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People v. Beavers

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 713 (N.Y. App. Div. 1988)

Opinion

January 25, 1988

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgment is affirmed.

The defendant entered a plea of guilty to the reduced charge of attempted robbery in the second degree prior to the conclusion of a pretrial hearing on the issue, inter alia, of whether his arrest was predicated upon probable cause, and after being expressly advised that such a plea would operate as a waiver of any right to a conclusion of the hearing and a determination of the issues to be litigated at the hearing. Consequently, the issues raised on appeal as to the validity of the defendant's arrest, the propriety of the hearing court's evidentiary rulings and a claimed violation of the defendant's right of confrontation were waived by the defendant's plea of guilty, which was entered knowingly, intelligently and voluntarily (see, People v Thomas, 74 A.D.2d 317, 321-322, affd 53 N.Y.2d 338; see also, People v Homer, 87 A.D.2d 687). Mangano, J.P., Brown, Rubin and Harwood, JJ., concur.


Summaries of

People v. Beavers

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 713 (N.Y. App. Div. 1988)
Case details for

People v. Beavers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUBREY BEAVERS…

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

Date published: Jan 25, 1988

Citations

136 A.D.2d 713 (N.Y. App. Div. 1988)

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