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People v. McLemore

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2003
303 A.D.2d 950 (N.Y. App. Div. 2003)

Opinion

KA 01-02207

March 21, 2003.

Appeal from a judgment of Orleans County Court (Punch, J.), entered August 7, 2001, convicting defendant upon his plea of guilty of attempted robbery in the first degree.

THE ANDERSON LAW FIRM P.C., ROCHESTER (CHRISTOPHER ANDERSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE KERSCH BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Contrary to the contention of defendant, County Court "fully apprised him of his right to appeal and the consequences of his waiver of that right, which defendant indicated that he understood" (People v. Raquel, 238 A.D.2d 766, 767). Defendant's waiver of the right to appeal therefore is valid (see People v. Moissett, 76 N.Y.2d 909, 910-911), and that waiver encompasses defendant's double jeopardy claim (see People v. Muniz, 91 N.Y.2d 570, 574).


Summaries of

People v. McLemore

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2003
303 A.D.2d 950 (N.Y. App. Div. 2003)
Case details for

People v. McLemore

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ANTHONY…

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

Date published: Mar 21, 2003

Citations

303 A.D.2d 950 (N.Y. App. Div. 2003)
755 N.Y.S.2d 905

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