PEOPLE v. JASPER


107 Misc.2d 992 (1981)

The People of the State of New York, Plaintiff, v. Phineas Jasper, Defendant.

Supreme Court, Trial Term, New York County.

February 19, 1981


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Daniel Penofsky of counsel), for plaintiff. Saul Kobrick for defendant.


BENJAMIN ALTMAN, J.

Can a defendant's "unhappiness" about a constitutional appeal waiver negate the court's acceptance of a defendant's plea?

The District Attorney conditioned his acceptance of the plea upon the defendant's waiver of his appeal of the denial of a suppression hearing. The defendant indicated that he was "unhappy" with this condition but that he accepted the plea nonetheless.

Should a Judge accept a plea which is conditioned...

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