PEOPLE v. HOLMAN


89 N.Y.2d 876 (1996)

675 N.E.2d 847

653 N.Y.S.2d 93

The People of the State of New York, Respondent, v. Andre Holman, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1996.


Attorney(s) appearing for the Case

Allen Fallek, New York City, and Daniel L. Greenberg for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (David O. Leiwant and Roseann B. MacKechnie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue here is the validity of a waiver of the right to appeal made as part of a sentencing bargain after a jury finding of guilt. A lighter sentence was openly agreed to and conditioned upon defendant not raising, on appeal, certain alleged errors that occurred at trial.

After the first trial ended in a hung jury, defendant was retried...

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