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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 456 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

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


Ordered that the judgment is affirmed.

Contrary to his contention on appeal, the defendant's explicit waiver during his plea allocution of "the right to appeal any rulings of the court", as well as his written waiver which stated that he waived "any and all rights to appeal my conviction", included a waiver of the right to appeal the denial of his motion to dismiss the Superior Court Information based upon an unreasonable delay in sentencing ( see, CPL 380.30; see generally, People v. Muniz, 91 N.Y.2d 570; People v. Hidalgo, 91 N.Y.2d 733; People v. Callahan, 80 N.Y.2d 273).

We note that this appeal is not one based upon a challenge to the sentence only, but rather seeks dismissal of the underlying information ( see, People v. Drake, 61 N.Y.2d 359, 366; cf., People v. Prescott, 196 A.D.2d 599).

Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 456 (N.Y. App. Div. 1998)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE JONES…

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 456 (N.Y. App. Div. 1998)
683 N.Y.S.2d 540

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