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People v. Derby

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 969 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Onondaga County Court, Cunningham, J.

Present — Dillon, P.J., Callahan, Boomer, Green and Lawton, JJ.


Appeal unanimously dismissed. Memorandum: Although the record does not reveal an explicit waiver by defendant of his right to appeal, there is ample evidence in the record to conclude that defendant understood that he was waiving that right as part of his plea bargain and that the waiver was voluntary, knowing and intelligent (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1, 12).


Summaries of

People v. Derby

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 969 (N.Y. App. Div. 1990)
Case details for

People v. Derby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK DERBY…

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

Date published: Dec 21, 1990

Citations

168 A.D.2d 969 (N.Y. App. Div. 1990)
564 N.Y.S.2d 917

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