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People v. Copeland

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2006
33 A.D.3d 931 (N.Y. App. Div. 2006)

Opinion

No. 2005-00203.

October 24, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered December 20, 2004, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Before: Florio, J.P., Goldstein, Luciano and Lunn, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal was valid, as it was made voluntarily, knowingly, and intelligently ( see People v Lopez, 6 NY3d 248, 256; People v Hidalgo, 91 NY2d 733, 737; People v Muniz, 91 NY2d 570) as a condition of the acceptance of his plea of guilty to attempted burglary in the second degree, in satisfaction of all crimes under the indictment ( see People v Lopez, supra at 256; People v Garcia, 92 NY2d 869, 870; People v Lopez, 71 NY2d 662, 666), thus foreclosing review of his claim that his plea allocution was insufficient to establish the crime he pled guilty to.

In light of this determination, we need not reach the defendant's remaining contentions.


Summaries of

People v. Copeland

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2006
33 A.D.3d 931 (N.Y. App. Div. 2006)
Case details for

People v. Copeland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN COPELAND…

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

Date published: Oct 24, 2006

Citations

33 A.D.3d 931 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7746
822 N.Y.S.2d 468