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People v. McCain

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 815 (N.Y. App. Div. 2004)

Opinion

2003-04798.

Decided May 24, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (DiFiore, J.), rendered April 28, 2003, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Vija K. Stamey, Ossining, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Kieran T. Byrne and Valerie A. Livingston of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was not effective. A waiver of the right to appeal will not be enforced unless it was knowingly, intelligently, and voluntarily made ( see People v. Seaberg, 74 N.Y.2d 1, 11). The bare inquiry made by the Supreme Court of the defendant regarding his understanding of the implications of his appellate waiver was insufficient to elicit an effective response ( see People v. Boustani, 300 A.D.2d 313). However, upon our review of the merits of the issues raised on appeal, we conclude that they are without merit ( see People v. Williams, 306 A.D.2d 544; People v. Brown, 287 A.D.2d 464; People v. Kazepis, 101 A.D.2d 816).

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.


Summaries of

People v. McCain

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 815 (N.Y. App. Div. 2004)
Case details for

People v. McCain

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ADRIAN McCAIN, appellant

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

Date published: May 24, 2004

Citations

7 A.D.3d 815 (N.Y. App. Div. 2004)
776 N.Y.S.2d 888

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