PEOPLE v. CIATTO


290 A.D.2d 560 (2002)

737 N.Y.S.2d 104

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CIATTO, Appellant.

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

Decided January 28, 2002.


Ordered that the judgment and the resentence are affirmed.

When, as in this case, we are confronted with a defendant's waiver of the right to appeal, we must ascertain, if the record suffices, whether the waiver was made knowingly, voluntarily, and intelligently. This determination will turn on the varying facts and circumstances of each case and the degree to which the trial judge has satisfied himself or herself that the waiver satisfies these safeguards. The facts...

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