PEOPLE v. SIMMONS


184 A.D.2d 741 (1992)

The People of the State of New York, Respondent, v. Guy L. Simmons, Appellant

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

June 22, 1992


Ordered that the appeal is dismissed.

The record indicates that the defendant's waiver of his right to appeal was knowing, intelligent, and voluntary (see, People v Seaberg, 74 N.Y.2d 1).

We also note that the defendant expressly withdrew all undecided motions, including his pending motion to dismiss the indictment based on an alleged Brady violation, and there is no proof that the waiver of this constitutional...

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