THE PEOPLE &C., RESPONDENT, v. MELVIN KEMP, APPELLANT.
94 N.Y.2d 831 (1999).
December 2, 1999
1 No. 180
(99 NY Int. 0171)
Decided December 2, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Paul Wiener, for appellant.
Mathew Kleiner, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
The day after denial of his motion to suppress physical evidence,
defendant pleaded guilty to attempted criminal sale ofa controlled
substance in the third degree (Penal Law §§ 110.00, 220.39(1)). As
a condition to the People's agreement to the plea and the court's
acceptance of it, and in exchange for a promised sentence of four to
eight years imprisonment, defendant waived his right to appeal the
conviction and sentence. He allocuted accordingly at his plea before
the court. Nevertheless, defendant appealed, challenging the denial of
suppression of evidence. Declining to address the merits of
defendant's assertions, a unanimous Appellate Division affirmed,
holding that defendant's waiver of his right to appeal encompassed his
effort to have the suppression ruling reviewed.
At issue is whether a defendant's general waiver of the right to
appeal, as part of a negotiated plea agreement, encompasses an
attempted appeal concerning an adverse suppression ruling,
notwithstanding the statutory provision authorizing an appeal as to
such a ruling following entry of a guilty plea (CPL 710.70(2)). We
hold that, in this case, defendant's waiver of his right to appeal
encompassed the suppression ruling.
A defendant may waive the right to appeal as part of a bargained-for
plea agreement ( see, People v Hidalgo, 91 NY2d 733; People v
Muniz, 91 NY2d 570). "(W)here the plea allocution demonstrates a
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. MELVIN KEMP, APPELLANT.
The day after denial of his motion to suppress physical evidence, defendant pleaded guilty to
As a condition to the People's agreement to the plea and the court's acceptance of it, and in
Declining to address the merits of defendant's assertions, a unanimous Appellate Division
At issue is whether a defendant's general waiver of the right to appeal, as part of a
A defendant may waive the right to appeal as part of a bargained-for plea agreement (see,
"here the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the
Moreover, "trial courts are not required to engage in any particular litany during an
In People v Williams, this Court upheld, as a bargained-for condition to a guilty plea,
While the specificity of Williams is the better practice, no "particular litany" is required
Order affirmed, in a memorandum.
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