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PEOPLE v. SMITH

193 A.D.2d 1051 (1993)

598 N.Y.S.2d 586

The People of the State of New York, Respondent, v. Michael E. Smith, Appellant

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

May 28, 1993

Motion by Albany County Public Defender to be relieved of assignment to represent appellant on the ground that appellant waived his right to appeal as part of his plea bargain.

Motion denied. In People v Callahan (80 N.Y.2d 273) the Court of Appeals made clear that a defendant's waiver of the right to appeal does not deprive this Court of subject matter jurisdiction (supra, at 284). Moreover, the Court held that the...

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