People v. Geraghty

1 Citing case

  1. People v. Nunez

    237 A.D.2d 627 (N.Y. App. Div. 1997)

    Ordered that the judgment and order are affirmed. The record fails to establish that the defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see, People v Callahan, 80 NY2d 273, 283; People v Geraghty, 224 AD2d 544; People v Dewberry, 223 AD2d 555; People v Cohen, 210 AD2d 343; People v McCaskell, 206 AD2d 547; People v Santiago, 194 AD2d 468). However, the defendant's assertion that the lineup was suggestive is lacking in merit ( see, People v Eldridge, 213 AD2d 667; People v Harris, 187 AD2d 530). Lastly, the court properly denied the defendant's motion to vacate the judgment pursuant to CPL 440.10 ( see, e.g., People v Connolly, 181 AD2d 739; People v Ostuni, 165 AD2d 838; see also, People v Prochilo, 41 NY2d 759).