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People v. Hayes

Appellate Division of the Supreme Court of New York, Third Department
Jan 31, 1991
169 A.D.2d 999 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the County Court of Sullivan County (Hanofee, J.).


The record shows that defendant's waiver of his right to appeal as part of a negotiated plea bargain was knowingly and voluntarily made and that defendant fully understood the consequences of the waiver (see, People v Seaberg, 74 N.Y.2d 1; People v Brown, 160 A.D.2d 1039). Under these circumstances, the general waiver included a waiver of defendant's right to appeal from the denial of the suppression motion (see, People v Jandrew, 101 A.D.2d 90). Furthermore, it is also clear that at the time of the plea, County Court made sufficient inquiry of defendant and that his plea was knowing and voluntary; accordingly, the court properly denied defendant's motion to withdraw his plea of guilty (see, People v Walton, 98 A.D.2d 842).

Appeal dismissed. Mahoney, P.J., Casey, Mikoll, Levine and Mercure, JJ., concur.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Third Department
Jan 31, 1991
169 A.D.2d 999 (N.Y. App. Div. 1991)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL HAYES, Appellant

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 999 (N.Y. App. Div. 1991)
565 N.Y.S.2d 276

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