PEOPLE v. LEBRUN


234 A.D.2d 392 (1996)

651 N.Y.S.2d 544

The People of the State of New York, Respondent, v. Darryll Lebrun, Appellant

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

December 9, 1996


Ordered that the judgment is affirmed.

When the defendant entered his guilty plea and waived appellate review, the court, defense counsel, and the prosecutor all erroneously concluded that he would be permitted to obtain appellate review of the denial of his statutory speedy trial motion. As the defendant now acknowledges, this reservation of appellate rights was ineffective (see, People v O'Brien, 56 N.Y.2d 1009;...

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