People v. Govan

Decision Date30 December 1993
Citation605 N.Y.S.2d 555,199 A.D.2d 815
PartiesThe PEOPLE of the State of New York, Respondent, v. Isaac GOVAN, Appellant.
CourtNew York Supreme Court — Appellate Division

Carl F.W. Adamec, Schenectady, for appellant.

Robert M. Carney, Dist. Atty. (Alfred C. Chapleau, of counsel), Schenectady, for respondent.

Before WEISS, P.J., and CREW, CARDONA, WHITE and CASEY, JJ.

WHITE, Justice.

Appeals (1) from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered August 28, 1989, upon a verdict convicting defendant of the crimes of rape in the third degree, sodomy in the third degree (two counts) and endangering the welfare of a child (two counts), (2) from a judgment of said court, rendered August 28, 1989, convicting defendant upon his plea of guilty of the crimes of rape in the third degree (three counts) and sodomy in the third degree (six counts), and (3) by permission, from an order of said court, entered September 17, 1992, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgments of conviction, without a hearing.

In 1988, a Grand Jury returned indictment Nos. 988-66 and 988-86 against defendant. Following the denial of his motion to dismiss indictment No. 988-86, defendant proceeded to trial on indictment No. 988-66 which resulted in his conviction of the crimes of rape in the third degree, sodomy in the third degree (two counts) and endangering the welfare of a child (two counts). Instead of proceeding to trial on indictment No. 988-86, defendant entered a guilty plea to several of the charges contained therein. As part of the plea agreement, defendant waived any rights of appeal he might have had with respect to both convictions. In May 1992 County Court, without a hearing, denied defendant's motion pursuant to CPL 440.10 to vacate the judgments. These appeals ensued.

We have recently held that there is nothing offensive, constitutionally, statutorily or as a matter of policy, in permitting a defendant to waive rights to appeal from judgments of more than one conviction as part of a negotiated plea in situations such as this where the criminal proceedings are closely connected (see, People v. Korona, 197 A.D.2d 788, 603 N.Y.S.2d 88). However, to be effective the waiver must have been knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

Here, County Court engaged in an extensive colloquy with defendant regarding the waiver of his right to appeal from both his guilty plea conviction and jury trial conviction. In response to the court's inquiries, defendant indicated that he was knowingly and intelligently waiving his right to appeal and that he was doing so after a...

To continue reading

Request your trial
5 cases
  • People v. Chalk
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Diciembre 1993
  • People v. Holmes
    • United States
    • New York Supreme Court — Appellate Division
    • 3 Mayo 2002
    ...to waive rights to appeal from judgments of more than one conviction as part of a negotiated plea in situations such as this" (People v Govan, 199 A.D.2d 815, 816, lv denied 83 N.Y.2d 853, citing People v Korona, 197 A.D.2d 788, lv denied 82 N.Y.2d 926), irrespective of whether that plea st......
  • People v. Moquette
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Enero 1994
    ...80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Govan, 199 A.D.2d 815, 605 N.Y.S.2d 555; People v. Korona, 197 A.D.2d 788, 603 N.Y.S.2d 88). Additionally, this appeal is foreclosed by defendant's failure to obje......
  • People v. Boykin
    • United States
    • New York Supreme Court — Appellate Division
    • 18 Diciembre 2000
    ...to conceal error or prosecutorial overreaching, the waiver is enforceable with regard to both judgments of conviction (see, People v Govan, 199 A.D.2d 815, lv denied 83 N.Y.2d 853), including the one from which defendant appeals. Accordingly, based upon our review of the record, we agree wi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT