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People v. Novak

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 1999
263 A.D.2d 966 (N.Y. App. Div. 1999)

Opinion

July 9, 1999

Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 1st Degree.

PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND CALLAHAN, JJ.


Judgment unanimously affirmed. Memorandum: The record establishes that defendant's waiver of the right to appeal was knowing, intelligent and voluntary ( see, People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses defendant's challenge to the severity of the sentence ( see, People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737) and also encompasses the issues raised in defendant's pro se supplemental brief ( see, People v. Callahan, supra, at 280; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019).


Summaries of

People v. Novak

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 1999
263 A.D.2d 966 (N.Y. App. Div. 1999)
Case details for

People v. Novak

Case Details

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

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

Date published: Jul 9, 1999

Citations

263 A.D.2d 966 (N.Y. App. Div. 1999)
693 N.Y.S.2d 471