PEOPLE v. ESAJERRE


35 N.Y.2d 463 (1974)

The People of the State of New York, Respondent, v. Humberto Esajerre, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Robert B. Sherman and William E. Hellerstein for appellant.

Richard H. Kuh, District Attorney (Lewis R. Friedman and Allen G. Swan of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur.


STEVENS, J.

The question here is whether, as defendant contends, his waiver of a determination by the court at the conclusion of a suppression hearing is invalid as a matter of law. Defendant urges this is so because the waiver was a precondition to the offer of a reduced plea and, further, defendant was denied an adequate opportunity to weigh the consequences of such waiver.

A brief recital of the facts...

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