People v. Davison

Decision Date11 February 1985
Citation108 A.D.2d 820,485 N.Y.S.2d 296
PartiesThe PEOPLE, etc., Respondent, v. Edward DAVISON, Appellant.
CourtNew York Supreme Court — Appellate Division

John F. Middlemiss, Jr., Bay Shore (Judith M. Gordon, Bay Shore, of counsel), for appellant.

Patrick Henry, Dist. Atty., Riverhead (James J. Leyden, Jr., Riverhead, of counsel), for respondent.

Before WEINSTEIN, J.P., and BROWN, NIEHOFF and LAWRENCE, JJ.

MEMORANDUM BY THE COURT.

Appeals by defendant from two judgments of the County Court, Suffolk County, both rendered September 12, 1983, convicting him of four counts of burglary in the third degree, upon his pleas of guilty, and imposing sentences.

Appeals dismissed.

Defendant made a knowing and intelligent waiver of his right to appeal as a condition of the pleas (see People v. Gray, 75 A.D.2d 826, 432 N.Y.S.2d 153). Under such circumstances, the appeals are dismissed.

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6 cases
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • December 5, 1988
    ... ... Seaberg, 139 A.D.2d 53, 530 N.Y.S.2d 278, supra; see also, People v. Llorente, 142 A.D.2d 737, 530 N.Y.S.2d 1008; People v. Perdomo, 137 A.D.2d 769, 525 N.Y.S.2d 578; People v. Claussell, 137 A.D.2d 830, 525 N.Y.S.2d 580; People v. Ocana, 135 A.D.2d 743, 522 N.Y.S.2d 646; People v. Davison, 108 A.D.2d 820, 821, 485 N.Y.S.2d ... 296; see also, People v. Smith, 141 A.D.2d 988, 531 N.Y.S.2d 38; People v. Lester, 137 A.D.2d 871, 524 N.Y.S.2d 552; People v. Harvey, 124 A.D.2d 943, 508 N.Y.S.2d 690; People v. Durant, 101 A.D.2d 1008, 476 N.Y.S.2d 671). We also note that, since ... ...
  • People v. Bourne
    • United States
    • New York Supreme Court — Appellate Division
    • July 21, 1988
    ...See People v. Cooks, 135 A.D.2d 455, 522 N.Y.S.2d 446, 447; People v. Harvey, 124 A.D.2d 943, 515 N.Y.S.2d 320; People v. Davison, 108 A.D.2d 820, 485 N.Y.S.2d 296. Reconsideration of these decisions is warranted, indeed compelled, by the fact that it does not appear that the effect of thes......
  • People v. Barnett
    • United States
    • New York Supreme Court — Appellate Division
    • January 11, 1988
    ...46 L.Ed.2d 104; People v. Feingold, 125 A.D.2d 587, 510 N.Y.S.2d 7; People v. Moore, 123 A.D.2d 363, 506 N.Y.S. 375; People v. Davison, 108 A.D.2d 820, 485 N.Y.S.2d 296). The defendant's further contention that Criminal Term erred in denying his motion to withdraw his guilty plea without fi......
  • People v. Ocana
    • United States
    • New York Supreme Court — Appellate Division
    • December 21, 1987
    ... ...         ORDERED that the appeal is dismissed ...         The defendant waived his right to appeal as a condition of the plea. Accordingly, the appeal is dismissed (see, People v. Davison, 108 A.D.2d 820, 485 N.Y.S.2d ... 296). To the extent that the defendant's claim of ineffective assistance of counsel rests upon matters outside the record, such a claim may only be presented by way of a motion pursuant to CPL ... ...
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