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People v. Gardner

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 937 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Erie County Court, La Mendola, J.

Present — Callahan, J.P., Doerr, Denman, Green and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant validly waived his right to appeal, which precludes review of the merits of the suppression court's denial of his suppression motion (see, People v. Seaberg, 74 N.Y.2d 1; People v. Roberts, 152 A.D.2d 678, 679, lv denied 74 N.Y.2d 851). There is no "`uniform mandatory catechism of pleading defendants'" (People v. Harris, 61 N.Y.2d 9, 16; People v. Nixon, 21 N.Y.2d 338, 353, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067), and the record supports the conclusion that defendant, who was represented by counsel throughout these proceedings, knowingly, voluntarily, and intelligently relinquished his rights upon entering a plea of guilty (see, People v. Harris, supra, at 17). We decline to modify defendant's sentence in the interest of justice.


Summaries of

People v. Gardner

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 937 (N.Y. App. Div. 1990)
Case details for

People v. Gardner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD GARDNER…

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

Date published: Nov 16, 1990

Citations

167 A.D.2d 937 (N.Y. App. Div. 1990)

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