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PEOPLE v. ISLAM

188 A.D.2d 304 (1992)

The People of the State of New York, Respondent, v. David Islam, Appellant

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

December 3, 1992

Defendant waived his right to appeal at the plea, following discussions between the defendant, the District Attorney and the court. A waiver of the right to appeal will be enforced if voluntary, knowing and intelligent and an integral part of the plea bargain (People v Moissett, 76 N.Y.2d 909, 910-911). Contrary to the People's argument, the proper disposition of the appeal is not a dismissal but an affirmance based on the absence...

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