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PEOPLE v. McBRYDE

223 A.D.2d 425 (1996)

637 N.Y.S.2d 5

The People of the State of New York, Respondent, v. Brooks McBryde, Also Known as Brookes McBryde, Appellant

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

January 18, 1996

As part of his plea bargain, defendant agreed to forgo his right to any suppression hearings. The record, however, is silent with respect to any knowing and voluntary waiver of his right to appeal this aspect of his plea (People v Callahan, 80 N.Y.2d 273, 283). In any event, there is no basis to disturb the conviction since defendant's motion "for a Dunaway hearing" (Dunaway v New York, 442 U.S. 200<...

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