Appellate Division of the Supreme Court of New York, 1990

People v. Derby

People v. Derby
Appellate Division of the Supreme Court of New York · Decided December 21, 1990
168 A.D.2d 969; 566 N.Y.S.2d 565; 1990 N.Y. App. Div. LEXIS 16529
People v. Derby

Opinion

Appeal unanimously dismissed. Memorandum: Although the record does not reveal an explicit waiver by defendant of his right to appeal, there is ample evidence in the record to conclude that defendant understood that he was waiving that right as part of his plea bargain and that the waiver was voluntary, knowing and intelligent (see, People v Moissett, 76 NY2d 909; People v Seaberg, 74 NY2d 1, 12). (Appeal from judgment of Onondaga County Court, Cunningham, J.—burglary, first degree.) Present—Dillon, P. J., Callahan, Boomer, Green and Lawton, JJ.

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