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PEOPLE v. VENTURA

139 A.D.2d 196 (1988)

The People of the State of New York, Respondent, v. Alfredo Ventura, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 14, 1988

Attorney(s) appearing for the Case

Donald J. Siewert of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Noah Lipman of counsel (David Segal, attorney), for appellant.

ROSENBERGER and SMITH, JJ., concur with CARRO, J.; KUPFERMAN, J. P., and SANDLER, J., dissent in an opinion by SANDLER, J.

CARRO, J.

In 1975, in a brief Per Curiam opinion (People v Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873), the Court of Appeals, under the "circumstances" of that case, upheld the defendant's waiver of his right to appeal an adverse suppression ruling which was exacted by the prosecutor as a condition to his plea. Since then, our fellow Appellate Division...

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