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People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 741 (N.Y. App. Div. 1992)

Opinion

June 22, 1992

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the appeal is dismissed.

The record indicates that the defendant's waiver of his right to appeal was knowing, intelligent, and voluntary (see, People v Seaberg, 74 N.Y.2d 1).

We also note that the defendant expressly withdrew all undecided motions, including his pending motion to dismiss the indictment based on an alleged Brady violation, and there is no proof that the waiver of this constitutional claim was coerced (see, People v. Nilson, 182 A.D.2d 715). Mangano, P.J., Harwood, Balletta and Eiber, JJ., concur.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 741 (N.Y. App. Div. 1992)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUY L. SIMMONS…

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

Date published: Jun 22, 1992

Citations

184 A.D.2d 741 (N.Y. App. Div. 1992)
585 N.Y.S.2d 102