PEOPLE v. SMITH


249 A.D.2d 426 (1998)

673 N.Y.S.2d 146

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

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

April 13, 1998


Ordered that the judgment is affirmed.

At sentencing, the defendant moved to withdraw his plea of guilty on the ground that he did not fully understand the waiver of the right to appeal when it was explained to him by his attorney and that he did not want to waive his right to appeal. The court denied the motion based on its recollection that the defendant was questioned about the waiver during the plea allocution. Specifically, during the allocution, the defendant...

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