People v. Torres

CourtNew York Supreme Court Appellate Division
Writing for the CourtROSENBLATT
Citation236 A.D.2d 642,654 N.Y.S.2d 658
Decision Date24 February 1997
PartiesThe PEOPLE, etc., Respondent, v. Juan TORRES, Appellant.

Page 658

654 N.Y.S.2d 658
236 A.D.2d 642
The PEOPLE, etc., Respondent,
v.
Juan TORRES, Appellant.
Supreme Court of New York, Appellate Division,
Second Department.
Feb. 24, 1997.

Daniel L. Greenberg, New York City (Richard A. Mastrocola, of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Robin A. Forshaw, Kim E. Marcus, and Robert Ferino, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered July 26, 1995, convicting him of criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

At the plea proceeding, and in exchange for a sentence of probation, the defendant waived his right to review of the denial of his suppression motion. Both the defendant and his attorney signed a written waiver form that specifically embraced a waiver of review of the court's decisions on pretrial motions. Additionally, although the defendant's colloquy with the court was terse, and could well have been more expansive, the defendant said enough for us to conclude that he understood that he was waiving his right to appeal, that he knew what that meant, and that he agreed to do so. Accordingly, the defendant's conviction is affirmed (see, People v. Calvi, 89 N.Y.2d 868, 653 N.Y.S.2d 89, 675 N.E.2d 843; 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).

ROSENBLATT, J.P., and RITTER, FRIEDMANN and FLORIO, JJ., concur.

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4 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • 11 d3 Dezembro d3 2013
    ...waived was adequately described ( see id. at 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). Similarly, in People v. Torres, 236 A.D.2d 642, 654 N.Y.S.2d 658, the court asked the defendant if his attorney had explained to him that the waiver of appeal meant he could not take the case to a higher c......
  • People v. Walsh
    • United States
    • New York Supreme Court Appellate Division
    • 14 d2 Outubro d2 1997
    ...and voluntarily waived his rights (see, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Torres, 236 A.D.2d 642, 654 N.Y.S.2d 658; People v. Love, 236 A.D.2d 488, 654 N.Y.S.2d 149; People v. Berry, 235 A.D.2d 485, 652 N.Y.S.2d 997). In light of the defendant's co......
  • People v. Ciatto, 2
    • United States
    • New York Supreme Court Appellate Division
    • 28 d1 Janeiro d1 2002
    ...voluntary, and intelligent. The allocution of the defendant, although brief, was no scantier than the allocution in People v Torres (236 A.D.2d 642), where we upheld the defendant's waiver based upon the "terse" colloquy appearing on that record. In contrast, the Trial Judge in People v Cal......
  • People v. Torres
    • United States
    • New York Court of Appeals
    • 28 d1 Abril d1 1997
    ...872 89 N.Y.2d 1041, 681 N.E.2d 1319 People v. Juan Torres Court of Appeals of New York April 28, 1997 Bellacosa, J. 236 A.D.2d 642, 654 N.Y.S.2d 658 App.Div. 2, Queens Denied. ...
4 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • 11 d3 Dezembro d3 2013
    ...waived was adequately described ( see id. at 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). Similarly, in People v. Torres, 236 A.D.2d 642, 654 N.Y.S.2d 658, the court asked the defendant if his attorney had explained to him that the waiver of appeal meant he could not take the case to a higher c......
  • People v. Walsh
    • United States
    • New York Supreme Court Appellate Division
    • 14 d2 Outubro d2 1997
    ...and voluntarily waived his rights (see, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Torres, 236 A.D.2d 642, 654 N.Y.S.2d 658; People v. Love, 236 A.D.2d 488, 654 N.Y.S.2d 149; People v. Berry, 235 A.D.2d 485, 652 N.Y.S.2d 997). In light of the defendant's co......
  • People v. Ciatto, 2
    • United States
    • New York Supreme Court Appellate Division
    • 28 d1 Janeiro d1 2002
    ...voluntary, and intelligent. The allocution of the defendant, although brief, was no scantier than the allocution in People v Torres (236 A.D.2d 642), where we upheld the defendant's waiver based upon the "terse" colloquy appearing on that record. In contrast, the Trial Judge in People v Cal......
  • People v. Torres
    • United States
    • New York Court of Appeals
    • 28 d1 Abril d1 1997
    ...872 89 N.Y.2d 1041, 681 N.E.2d 1319 People v. Juan Torres Court of Appeals of New York April 28, 1997 Bellacosa, J. 236 A.D.2d 642, 654 N.Y.S.2d 658 App.Div. 2, Queens Denied. ...

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