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People v. June

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 977 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Motion for an extension of time to take appeal granted.

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


The fact that a defendant waives his right to appeal as part of a negotiated plea agreement "does not foreclose appellate review in all situations" and is not "sufficient to divest the court of subject matter jurisdiction" (People v. Callahan, 80 N.Y.2d 273, 284). The failure to notify a defendant in writing pursuant to 22 NYCRR 1022.11 (a), even when the right to appeal has been waived, constitutes improper conduct (see, CPL 460.30 [a]).


Summaries of

People v. June

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 977 (N.Y. App. Div. 1997)
Case details for

People v. June

Case Details

Full title:PEOPLE, Respondent, v. SCOTT JUNE, Defendant

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 977 (N.Y. App. Div. 1997)
668 N.Y.S.2d 961

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