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People v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 586 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Queens County (Leahy, J.).


Ordered that the judgment is affirmed.

The record clearly demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal as part of a negotiated plea agreement (see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). The waiver specifically included "all pre-trial motions and determinations of hearings". Consequently, the defendant cannot challenge the hearing court's denial of those branches of his omnibus motion which were to suppress a statement made by him and identification testimony (see, People v. Carter, 191 A.D.2d 640). Accordingly, we enforce the defendant's waiver of his right to appeal and affirm the judgment. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.


Summaries of

People v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 586 (N.Y. App. Div. 1995)
Case details for

People v. Kirby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AL KIRBY, Appellant

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 586 (N.Y. App. Div. 1995)
628 N.Y.S.2d 567

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