People v. Jefferson
| Decision Date | 15 April 1994 |
| Parties | PEOPLE of the State of New York, Respondent, v. Donnell JEFFERSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward J. Nowak by Kathleen McDonough, Rochester, for appellant.
Howard R. Relin, by Mark Pederson, Rochester, for respondent.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal as part of the plea bargain (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108). That waiver did not encompass, however, the challenge of defendant to the voluntariness of his plea (see, People v. Francabandera, 33 N.Y.2d 429, 434, n. 1, 354 N.Y.S.2d 609, 310 N.E.2d 292; People v. Hampton, 203 A.D.2d 908, 612 N.Y.S.2d 997 [decided herewith]; see, e.g., People v. Griggs, 199 A.D.2d 1073, 608 N.Y.S.2d 904; People v. Przesiak, 198 A.D.2d 915, 606 N.Y.S.2d 1012). We reject the contention of defendant that the court should have granted his motion to withdraw his plea of guilty because it was not knowing, voluntary and intelligent. Moreover, contrary to defendant's contention, the record reflects that defendant was afforded a reasonable opportunity to present the grounds and state the reasons for his withdrawal motion and neither further inquiry nor an evidentiary hearing was required (see, People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Alfieri, 201 A.D.2d [203 A.D.2d 909] 935, 610 N.Y.S.2d 904; People v. McNair [appeal No. 1], 186 A.D.2d 1089, 590 N.Y.S.2d 789, lv denied 80 N.Y.2d 1028, 592 N.Y.S.2d 678, 607 N.E.2d 825). (Appeal from Judgment of Monroe County Court, Connell J.--Rape, 1st Degree.)
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People v. Hampton
...voluntariness of his plea (see, People v. Francabandera, 33 N.Y.2d 429, 434, n. 2, 354 N.Y.S.2d 609, 310 N.E.2d 292; People v. Jefferson, 203 A.D.2d 908, 612 N.Y.S.2d 998 [decided herewith]; see, e.g., People v. Griggs, 199 A.D.2d 1073, 608 N.Y.S.2d 904; People v. Przesiak, 198 A.D.2d 915, ......
- People v. Jefferson
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