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People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 417 (N.Y. App. Div. 1991)

Opinion

September 26, 1991

Appeal from the County Court of Greene County (Fromer, J.).


Even if we were to consider defendant's motion to adjourn sentencing as a motion to withdraw his plea of guilty, we find that County Court properly denied the motion. A review of the minutes of the plea allocution indicates that defendant, who was aided by competent counsel familiar with the case, fully comprehended the nature of the proceedings and knowingly entered his plea (see, People v. Lattmen, 101 A.D.2d 662, 663; People v Walton, 98 A.D.2d 842, 843). Furthermore, the record shows that, as part of this negotiated plea bargain, defendant knowingly and voluntarily waived his right to appeal and he was informed of and fully understood the consequences of the waiver (see, People v Seaberg, 74 N.Y.2d 1; People v. Brown, 160 A.D.2d 1039, 1040-1041). Under these circumstances, the general waiver included a waiver of defendant's right to appeal from the denial of his suppression motion (see, People v. Jandrew, 101 A.D.2d 90, 91).

Weiss, J.P., Mikoll, Yesawich Jr., Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
Sep 26, 1991
176 A.D.2d 417 (N.Y. App. Div. 1991)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL TORRES…

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

Date published: Sep 26, 1991

Citations

176 A.D.2d 417 (N.Y. App. Div. 1991)
574 N.Y.S.2d 405

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