From Casetext: Smarter Legal Research

People v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 590 (N.Y. App. Div. 1997)

Opinion

October 14, 1997

Appeal from the Supreme Court, Suffolk County (Klein, J.),


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, he did not demonstrate that he should be relieved of the effect of his plea of guilty or waiver of appellate review. The record establishes that the court explained the ramifications of the plea and waiver in sufficient detail, and that the defendant knowingly, intelligently, and voluntarily waived his rights ( see, People v. Allen, 82 N.Y.2d 761; People v. Torres, 232 A.D.2d 642; People v. Love, 236 A.D.2d 488; People v. Berry, 235 A.D.2d 485). In light of the defendant's conclusory assertions of coercion and innocence, which are wholly belied by the record, the trial court did not err in denying his motion to withdraw the plea ( see, People v. Flakes, 240 A.D.2d 428; People v. Sider, 232 A.D.2d 666; People v. Jones, 232 A.D.2d 505; People v. Palmeri, 227 A.D.2d 418; People v. Spinks, 227 A.D.2d 310).

While the defendant's waiver of the right to appeal does not preclude appellate review of his contentions concerning the alleged violation of his constitutional right to a speedy trial ( People v. Love, supra; People v. Grandberry, 223 A.D.2d 723), his contention is without merit ( see, People v. Taranovich, 37 N.Y.2d 442; People v. Murphy, 212 A.D.2d 811; People v. Rossi, 210 A.D.2d 511; People v. Foster, 205 A.D.2d 313).

Miller, J.P., Ritter, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 590 (N.Y. App. Div. 1997)
Case details for

People v. Walsh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS WALSH, Appellant

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

Date published: Oct 14, 1997

Citations

243 A.D.2d 590 (N.Y. App. Div. 1997)
665 N.Y.S.2d 514

Citing Cases

State v. Morrow

Ordered that the judgment is affirmed. Contrary to the defendant's contention, he knowingly, voluntarily, and…

People v. Wiggins

Ordered that the judgment and the amended judgment are affirmed. Contrary to the defendant's contention, he…