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People v. Williams

Court of Appeals of the State of New York
May 1, 1975
36 N.Y.2d 829 (N.Y. 1975)

Summary

upholding the waiver of a defendant's right to seek review of a pretrial suppression ruling which otherwise would have been reviewable on an appeal from a judgment of conviction

Summary of this case from People v. Smith

Opinion

Argued March 19, 1975

Decided May 1, 1975

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES J. GAUGHAN, J.

Charles D. Halvorsen and Nathaniel A. Barrell for appellant.

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for respondent.


As a condition to acceptance of his plea defendant was asked to waive his right of appeal from the denial of his suppression motion. In the circumstances of this case we give effect to that waiver.

Defendant was indicted on two counts of murder. Prior to trial he made a motion to suppress certain admissions he had made to the police. On the eve of trial, sometime after his suppression motion had been denied, defendant indicated his readiness to plead guilty to two counts of manslaughter in satisfaction of the two murder counts. In response the prosecutor stated that the People would consent to the acceptance of such pleas on condition that defendant waive his right to appeal on the suppression issue. In justification for imposing this condition the prosecutor informed the court that he had witnesses who were ready to testify and that special arrangements had been made at some expense, for the viewing of the videotape of defendant's interview with the police. "We feel that if the defendant were allowed to take the pleas without giving up the right to appeal, the People would be prejudiced in that if for some reason the Court's decision were overturned, it would be possibly a year before that happened, and our witnesses could be unavailable at that time, so that at this point we would consent to these pleas if defendant gives up his right to appeal the proceedings which have happened in this case before today."

Defendant was represented by two counsel, separately assigned for the two homicides. He readily admitted that he had discussed the situation and his pleas thoroughly with members of his family and others, as well as with both his counsel. The interrogation by the court of both defendant and his counsel with respect to plea and waiver was exemplary. The confession of factual guilt by defendant was unequivocal.

On this record there can be no doubt that defendant's plea and the associated waiver were each made knowingly and voluntarily. His position on this appeal is based rather on the argument that as a matter of law under CPL 710.70 (subd 2) there can be no waiver of a defendant's right to appeal from a preconviction denial of a motion for suppression, although reference is also made in conclusory fashion to what might be termed situational coercion.

In these circumstances, where the plea on condition was voluntarily entered, with full comprehension on defendant's part of both the plea and the associated condition, we conclude that this defendant may properly be held to the waiver of his right to appeal from the denial of his suppression motion. (People v Esajerre, 35 N.Y.2d 463; cf. CPL 710.70 [subd 3] which provides that a defendant who does not make an article 710 suppression motion "waives his right to judicial determination" with respect thereto.)

In view of our disposition of this appeal on that ground we do not reach the contentions advanced on defendant's behalf that his admissions to the police should have been suppressed.

The orders of the Appellate Division should be affirmed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Orders affirmed.


Summaries of

People v. Williams

Court of Appeals of the State of New York
May 1, 1975
36 N.Y.2d 829 (N.Y. 1975)

upholding the waiver of a defendant's right to seek review of a pretrial suppression ruling which otherwise would have been reviewable on an appeal from a judgment of conviction

Summary of this case from People v. Smith

In People v. Williams (36 N.Y.2d 829, cert denied 423 U.S. 873), this Court upheld, as a bargained-for condition to a guilty plea, defendant's waiver of his right to appeal from the denial of suppression.

Summary of this case from People v. Kemp

In Williams, prior to the entry of the plea, the prosecution stressed its readiness and ability to go to trial at that time and the consequent difficulties of obtaining witnesses if there were a reversal of the suppression determination on appeal. The Court of Appeals approved the waiver "[i]n the circumstances of this case" (36 N.Y.2d, supra, at 829).

Summary of this case from People v. Velazquez

In Williams, we held that a guilty plea was insufficient to waive appellate review of a suppression motion which was pending and undecided at the time of the guilty plea absent specific language indicating the defendant's intent to waive his right to a determination of the suppression motion (supra, at p 1020).

Summary of this case from People v. Jandrew
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STUART WILLIAMS…

Court:Court of Appeals of the State of New York

Date published: May 1, 1975

Citations

36 N.Y.2d 829 (N.Y. 1975)
370 N.Y.S.2d 904
331 N.E.2d 684

Citing Cases

People v. Ventura

CARRO, J. In 1975, in a brief Per Curiam opinion (People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S.…

People v. Jandrew

As part of a plea agreement, a defendant may specifically waive his right to appeal from the denial of a…