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People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1992
188 A.D.2d 955 (N.Y. App. Div. 1992)

Opinion

December 31, 1992

Appeal from the County Court of Montgomery County (Aison, J.).


Defendant contends that the waiver of his right to appeal was involuntary and that his guilty plea is unenforceable because it was coerced. The record reveals that defendant's waiver of the right to appeal as a part of his negotiated plea bargain was knowingly and voluntarily made and that defendant understood the consequences of the waiver (see, People v Seaberg, 74 N.Y.2d 1; People v Brown, 160 A.D.2d 1039). In addition, the record indicates that the guilty plea was knowing and voluntary. The minutes of the plea allocution reveal that defendant was represented by an attorney, stated that he had not been coerced in any way and was satisfied with his representation, and admitted his guilt of the crime to which he pleaded guilty (see, People v Lattmen, 101 A.D.2d 662). Finally, given the unequivocal nature of defendant's plea, we reject defendant's argument that County Court erred in failing to allow defendant to withdraw his guilty plea (see, People v Dickerson, 163 A.D.2d 610, lv denied 76 N.Y.2d 892; People v Kornegay, 146 A.D.2d 946, lv denied 73 N.Y.2d 1017; People v Melendez, 135 A.D.2d 660, lv denied 70 N.Y.2d 1008).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Third Department
Dec 31, 1992
188 A.D.2d 955 (N.Y. App. Div. 1992)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO TORRES…

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

Date published: Dec 31, 1992

Citations

188 A.D.2d 955 (N.Y. App. Div. 1992)

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