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PEOPLE v. McCANN

289 A.D.2d 703 (2001)

733 N.Y.S.2d 804

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH McCANN, Appellant.

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

Decided December 13, 2001.

Mercure, J. P.

Defendant claims that his guilty plea and waiver of the right to appeal were involuntary as a result of the effects of the muscle relaxant, antidepressant and pain reliever he was taking at the time he entered the plea and executed the waiver. The claim survived defendant's waiver of the right to appeal (see, People v Seaberg, 74 N.Y.2d 1, 10-11) and was preserved by his motion to withdraw the plea at sentencing...

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