PEOPLE v. MARTIN

Nos. 4882, 4962/08

88 A.D.3d 473 (2011)

931 N.Y.S.2d 7

2011 NY Slip Op 7123

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY MARTIN, Appellant.

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

Decided October 11, 2011.


At the conclusion of the hearing, the court determined that the police officer's initial approach to defendant was proper and that there was probable cause for the arrest, and denied defendant's suppression motion. Defendant then entered into a guilty plea, which included a waiver of the right to appeal. Defendant's waiver of his right to appeal was invalid because the court conflated the appeal waiver with the rights automatically waived by the guilty plea. Nonetheless,...

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