Appellate Division of the Supreme Court of New York, 2003

People v. McLemore

People v. McLemore
Appellate Division of the Supreme Court of New York · Decided March 21, 2003
303 A.D.2d 950; 755 N.Y.S.2d 905; 2003 N.Y. App. Div. LEXIS 2904
People v. McLemore

Opinion of the Court

—Appeal from a judgment of Orleans County Court (Punch, J.), entered August 7, 2001, convicting defendant upon his plea of guilty of attempted robbery in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Contrary to the contention of defendant, County Court “fully apprised him of his right to appeal and the consequences of his waiver of that right, which defendant indicated that he understood” (People v Raquel, 238 AD2d 766, 767 [1997]). Defendant’s waiver of the right to appeal therefore is valid (see People v Moissett, 76 NY2d 909, 910-911 [1990]), and that waiver encompasses defendant’s double jeopardy claim (see People v Muniz, 91 NY2d 570, 574 [1998]). Present— Pigott, Jr., P.J., Wisner, Scudder, Burns and Gorski, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.