PEOPLE v. BERNAL

6456, 6456A, 6015/07

91 A.D.3d 421 (2012)

935 N.Y.S.2d 512

2012 NY Slip Op 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis BERNAL, Appellant.

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

Decided January 3, 2012.


Defendant's waiver of his right to appeal was effective. The lower court made clear that the appellate rights defendant was waiving were distinct from the trial rights extinguished by his guilty plea. During the plea colloquy defendant expressly waived his right to appeal his "conviction," which encompasses his right to challenge his sentence as harsh and excessive (People v Hidalgo, 91 N.Y.2d 733, 737 [1998]). Furthermore, defendant...

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