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People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 254 (N.Y. App. Div. 2000)

Opinion

Submitted November 3, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered June 2, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Herbert Kellner, Smithtown, N.Y., for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, Allison J. Gill, and John H. Lee of counsel; Christina DeIasi on the brief), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Appellate review of the issues raised by the defendant, including those raised in his supplemental pro se brief, was effectively waived by him as part of his negotiated plea agreement, which was voluntary, knowing, and intelligent (see, People v. Callahan, 80 N.Y.2d 273).


Summaries of

People v. Payne

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 254 (N.Y. App. Div. 2000)
Case details for

People v. Payne

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. WILLIS PAYNE, APPELLANT. (IND. NO…

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 254 (N.Y. App. Div. 2000)
716 N.Y.S.2d 912